Compiler's Note The Journal of the House of Representatives regular session of 1974 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume. Volume I contains January 14, 1974 through February 14, 1974. Volume II contains February 15, 1974 through February 26, 1974, 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 14, 1974 and adjourned, Tuesday, February 26, 1974 1974 ATLANTA, GA. OFFICERS OP THE HOUSE OF REPRESENTATIVES 1974 THOMAS B. MURPHY __._ __ .___._____________....___.Speaker 19th DISTRICT, HARALSON COUNTY AL BURRUSS ___ _____ ____________________________.________________^.______Speaker Pro Tern 21st DISTRICT, COBB COUNTY GLENN W. ELLARD ___._ ________.____._________.____._._________.____.___________.__..____Clerk HABERSHAM COUNTY JACK GREEN _..... ..__.___....______________.__.___________._...__________..__. Assistant Clerk RABUN COUNTY JANETTE HIRSCH _______ ________ ____________ ______ ___ _.______Assistant Clerk PULTON COUNTY AMELIA SMITH ___._ ________ .__ PULTON COUNTY Assistant Clerk ELMORE C. THRASH .................. _____________________________ .............Messenger LOWNDES COUNTY MARION TOMS ______________________________________________________ ___..Doorkeeper QUITMAN COUNTY HOUSE JOURNAL Representative Hall, Atlanta, Georgia Monday, January 14, 1974 The Representatives of the General Assembly of Georgia for the years 19731974 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and was called to order by the Honorable Glenn W. Ellard, Clerk of the House of Representatives. Because of the untimely death of the distinguished Speaker of the House, the Honorable George L. Smith II, on December 10, 1973, the Clerk, in introducing the Chaplain, recalled that the Reverend Vernard Robertson, Superintendent of Epworth-by-the-Sea, United Methodist Church, and former pastor of the late Speaker, had traditionally opened each Session of the General Assembly with prayer in the House of Representatives during Speaker Smith's tenure in office. The following devotion and prayer was offered by the Reverend Robertson: Vincent Garrett Woolseby a distinguished British soldier spoke eloquently of the late Robert E. Lee, when he said "I have met many of the great men of my time, but Lee alone inspired me with the feeling that I was in the presence of a man who was cast in a grander mold and made of different and finer metal than any other." The Lord endowed each of us with gifts of talents some more than others all agree George was one possessed of many talents and gifts. We can say of George L. Smith, he was cast in a grander mold and made of finer metal than most men of our day, else he never would have been Mr. Speaker. A family was vacationing in South Dakota. They stood at the base of Mt. Rushmore in the early morning. Above were the colossal carved heads of Washington, Jefferson, Lincoln, and Theodore Roosevelt. The little boy said, "Daddy, when you stand here you want to salute". Many of us knew George to be a very gentle, kind, compassionate person, others as friends and neighbor, but all of us knew him as a distinguished Speaker of the House, a skillful political leader, a leader with great authority, but one who never misused this authority, a dedi- JOURNAL OF THE HOUSE, cated hard-working person with a sense of fairness to all, one with a deep concern and love for all Georgians, and an abiding faith, - - - and to be in his presence made you want to stand at attention and salute. Baldy, in his cartoon, showed the shadow of a man bowing out in the House Chamber. The caption reads THE GIANT BOWS OUT . I am just as convinced that Mr. Speaker bowed out into the presence of a greater authority, Jesus Christ. He heard his Maker say, "George, you have been faithful over a few things, I will make you rule over many things." A Prince has fallen A servant has been faithful And now the promise of the Father Enter thine into the joy of thy Lord. One of our daughters on learning of Mr. Speaker's passing, knowing the sense of loss we felt, as well as others, wrote to us "Daddy, men like Mr. Smith will live forever ". Truly a Prince in every sense of the word, we salute you, Mr. Speaker, and pray all your successors may try to emulate the fine qualities, character and leadership that you possessed. Mr. Speaker-Elect, members of the House, friends men like Mr. Smith live forever. Almighty God, Creator of all things, giver of every good and perfect gift, hear us as we seek thy blessing on this opening session of the Assembly. We pray thou wilt bless these representatives elected by the people of this State. Bless him in a special way who will be elected Speaker and Speaker Pro Tern of this distinguished body. Put thine arm around each one to give them strength, and speak to them to give them wisdom greater than their own. May they hear Thy voice and seek Thy guidance. On this day we remember the late Geo. L. Smith II, former Speaker of the House, and we thank Thee for the inspiration that breathes as we remember him. We pray that something of the spirit that was his may be ours today. Like him may we feel a deep dedication to duty that may better serve our State, like him may we seek to better understand other people and view their short-comings with charity. In our hearts may there be, as there was in his, good will toward all men. As Solomon prayed in the long ago so we pray now that Thou will give to each one an under- standing heart. We ask these things in Thine own name and for Thy sake. Amen. MONDAY, JANUARY 14, 1974 7 The following communication was received from his Excellency, Governor Jimmy Carter: HOUSE OP REPRESENTATIVES Atlanta, Georgia October 1, 1973 The Honorable Jimmy Carter Governor of Georgia State Capitol Atlanta, Georgia 30334 Dear Governor Carter: Please accept this letter as my resignation as Representative in the General Assembly of Georgia, Post 4, District 114, effective at your pleasure on October 1, 1973. The sole reason for my resignation is so that I might accept appointment as District Attorney of the Dougherty Judicial Circuit. As a personal note, I consider it a privilege to have associated with you while you were a member of the Georgia Senate and as Chief Executive of our State. I commend you for the leadership you are providing our State and wish for you and the Georgia General Assembly the best of everything. I write this resignation with mixed emotions as I consider the opportunity afforded me of serving in the General Assembly one of the truly great blessings of my lifetime. Sincerely, /s/ William S. Lee William S. (Billy) Lee WSL/da The following communications, regarding the resignation of the Honorable William S. (Billy) Lee of the 114th District to accept the appointment as District Attorney of the Dougherty Circuit and of the ensuing election results to fill the vacancy created thereby, were received from the office of the Honorable Ben W. Forson, Jr., Secretary of State: By the Governor: EXECUTIVE DEPARTMENT The State of Georgia Writ of Election WHEREAS: A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of JOURNAL OF THE HOUSE, Honorable William S. (Billy) Lee, the member of the House of Representatives from Representative District No. 114, Post 4, as provided by Code Section 47-101, as amended; and WHEREAS: Article V, Section I, Paragraph XII of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may happen in the Senate and House of Representatives; and WHEREAS: Section 34-805 of the Georgia Election Code (Ga. Laws 1964, Ex. Sess., p. 26), as amended, provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Ordinary of each county involved for such election to fill such vacancy; and WHEREAS: Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after its issuance. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME, PARTICULARLY BY THE PROVISIONS OF ARTICLE V, SECTION I, PARAGRAPH XII OF THE CONSTITUTION OF GEORGIA, AND PARTICULARLY BY THE PROVISIONS OF SECTON 34-805 OF THE GEORGIA ELECTION CODE (GA. LAWS 1964, EX. SESS., p. 26), AS AMENDED, IT IS HEREBY ORDERED: (1) That a Writ of Election to fill the vacancy in the House of Representatives from House District No. 114, Post 4, be and the same is hereby issued to the Ordinaries of Baker, Dougherty, Lee and Calhoun Counties, pursuant to the provisions of the Constitution and laws of Georgia, and particularly Article V, Section I, Paragraph XII thereof, and Section 34-805 of the Georgia Election Code (Ga. Laws 1964, Ex. Sess., p. 26), as amended. (2) That said .special election to fill the vacancy in the House of Representatives from Representative District No. 114, Post 4 shall be held on the 6th day of November, 1973, pursuant to the Constitution and laws of the State of Georgia and particularly the provisions of Georgia Election Code governing the conduct of special elections (Ga. Laws 1964, Ex. Sess., p. 26), as amended. This 1st day of October, 1973. /s/ Jimmy Carter Governor Attest: /s/ Frank Moore Executive Secretary MONDAY, JANUARY 14, 1974 9 SECRETARY OF STATE 214 State Capitol Atlanta 30334 November 9, 1973 Mrs. Peggy P. Cowart Ordinary, Calhoun County Morgan, Georgia 31766 Dear Mrs. Cowart: This will acknowledge receipt of the returns of the special election for Representative from the 114th District, Post No. 4, which was held in Calhoun County on November 6, 1973 to fill the unexpired term of the Honorable William. S. (Billy) Lee, resigned. From the consolidated returns from the four counties comprising the District it appears that no candidate received a majority of the votes cast and a run-off election is indicated. With kindest regards, I am Very truly yours, is/ Ben W. Fortson, Jr. Secretary of State BWF/evs Ordinary, Baker County Ordinary, Dougherty County Ordinary, Lee County BC: Copies of all 4 letters to Speaker of the House of Representatives Frances Duncan, Elections Chief SECRETARY OF STATE 214 State Capitol Atlanta 30334 November 9, 1973 Mrs. T. A. Rogers Ordinary, Baker County Newton, Georgia 31770 Dear Mrs. Rogers: This will acknowledge receipt of the returns of the special election for Representative from the 114th District, Post No. 4, which was held 10 JOURNAL OF THE HOUSE, in Baker County on November 6, 1973 to fill the unexpired term of the Honorable Williams S. (Bill) Lee, resigned. Prom the consolidated returns from the four counties comprising the District it appears that no candidate received a majority of the votes cast and a run-off election is indicated. With kindest regards, I am Very truly yours, /s/ Ben W. Fortson, Jr. Secretary of State BWF/evs cc: Ordinary, Calhoun County Ordinary, Dougherty County Ordinary, Lee County SECRETARY OF STATE 214 State Capitol Atlanta 30334 November 9, 1973 Honorable James W. Forrester, Sr. Ordinary, Lee County Leesburg, Georgia 31763 Dear Judge Forrester: This will acknowledge receipt of the returns of the special election for Representative from the 114th District, Post No. 4, which was held in Lee County on November 6, 1973 to fill the unexpired term of the Honorable William S. (Billy) Lee, resigned. From the consolidated returns from the four counties comprising the District it appears that no candidate received a majority of the votes cast and a run-off election is indicated. With kindest regards, I am Very truly yours, /s/ Ben W. Fortson, Jr. Secretary of State BWF/evs Ordinary, Baker County Ordinary, Calhoun County Ordinary, Dougherty County MONDAY, JANUARY 14, 1974 11 SECRETARY OP STATE 214 State Capitol Atlanta 30334 November 9, 1973 Mrs. Helen G. Rohrs Ordinary, Dougherty County Albany, Georgia 31701 Dear Mrs. Rohrs: This will acknowledge receipt of the returns of the special election for Representative from the 114th District, Post No. 4, which was held in Dougherty County on November 6, 1973 to fill the unexpired term of the Honorable William S. (Billy) Lee, resigned. From the consolidated returns from the four counties comprising the District it appears that no candidate received a majority of the votes cast and a run-off election is indicated. With kindest regard, I am BWF/evs cc: Ordinary, Baker County Ordinary, Calhoun County Ordinary, Lee County Very truly yours, /s/ Ben W. Fortson, Jr. Secretary of State The following communications in regard to the election of Mr. Hatcher of the 114th District were received and read: SECRETARY OF STATE State Capitol Atlanta 30334 November 30, 1973 Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia Sir: I do hereby certify that the consolidated returns on file in this office of the special run-off election held on the 27th day of November,, 12 JOURNAL OF THE HOUSE, 1973, in the 114th House District, Post No. 4, comprised of the counties of Baker, Calhoun, Dougherty and Lee, for the purpose of electing a Representative to the General Assembly, show the following result: BAKER COUNTY: CALHOUN COUNTY: DOUGHERTY COUNTY: LEE COUNTY: Charles Hatcher ...................... 836 votes Marvin B. Banister ........ ....... 89 votes Charles Hatcher ........................ 200 votes Marvin B. Banister .. ... . .......... 54 votes Marvin B. Banister ......... ... 3,727 votes Charles Hatcher ............ ... ..... 3,402 votes Marvin B. Banister .................... 274 votes Charles Hatcher .. ............... .. ... 239 votes Given under my hand and seal of office this the 30th day of November, 1973. /s/ Ben W. Fortson, Jr. Secretary of State SECRETARY OF STATE 214 State Capitol Atlanta 30334 November 30, 1973 Mr. Donald L. Pye, Chairman Dougherty County Board of Elections P. 0. Box 1827 Albany, Georgia 31701 Dear Mr. Pye: This will acknowledge receipt of the returns of the special run-off election held in your county on Tuesday, the 27th day of November, 1973, for Representative from the 114th District, Post No. 4 for the unexpired term of Honorable William S. (Billy) Lee. From the consolidated return sheet it appears that the following votes were cast: Marvin B. Banister ............ . .. .. .....3,727 votes Charles Hatcher .................................. 3,402 votes These returns are being made of file and record in this office. BWF/evs Ordinary, Baker County Ordinary, Calhoun Ordinary, Lee County Very truly yours, /s/ Ben W. Fortson, Jr. Secretary of State MONDAY, JANUARY 14, 1974 13 SECRETARY OF STATE 214 State Capitol Atlanta 30334 November 30, 1973 Mrs. T. A. Rogers Ordinary, Baker County Newton, Georgia 31770 Dear Mrs. Rogers: This will acknowledge receipt of the returns of the special run-off election held in your county for Representative from the 114th District, Post No. 4, which was held on Tuesday, the 27th day of November, 1973, for the unexpired term of Honorable William S. (Billy) Lee, resigned. From the consolidated return sheet it appears that the following votes were cast: Charles Hatcher ._..........._...__.._..._...__.._.. 836 votes Marvin B. Banister - -. _ ___ 89 votes These results are being made of file and record in this office. Very truly yours, /s/ Ben W. Fortson, Jr. Secretary of State BWF/evs cc: Ordinary, Calhoun County cc: Ordinary, Dougherty County ec: Ordinary, Lee County SECRETARY OF STATE 214 State Capitol Atlanta 30334 November 30, 1973 Honorable James W. Forrester, Sr. Ordinary, Lee County Leesburg, Georgia 31763 Dear Judge Forrester: This will acknowledge receipt of the returns of the special run-off election held in your county on Tuesday, the 27th day of November, 1973, 14 JOURNAL OF THE HOUSE, for Representative from the 114th District, Post No. 4, for the unexpired term of Honorable William S. (Billy) Lee. From the consolidated return sheet it appears that the following votes were cast: Marvin B. Banister __________________________ 274 votes Charles Hatcher ________ ______ 239 votes These returns are being made of file and record in this office. Very truly yours, Is/ Ben W. Fortson, Jr. Secretary of State BWF/evs Ordinary, Baker County Ordinary, Calhoun County Ordinary, Dougherty County SECRETARY OF STATE 214 State Capitol Atlanta 30334 November 30, 1973 Mrs. Peggy P. Cowart Ordinary, Calhoun County Morgan, Georgia 31766 Dear Mrs. Cowart: This will acknowledge receipt of the returns of the special run-off election held in your county for Representative from the 114th District, Post No. 4, which was held on Tuesday, the 27th day of November, 1973, for the unexpired term of Honorable William S. (Billy) Lee, resigned. From the consolidated return sheet it appears that the following votes were cast: Charles Hatcher __...._........_._... ........ 200 votes Marvin B. Banister _ ................ _______ 54 votes These returns are being made of file and record in this office. Very truly yours, Ben W. Fortson, Jr. Secretary of State BWF/evs Ordinary, Baker County Ordinary, Dougherty County Ordinary, Lee County MONDAY, JANUARY 14, 1974 15 SECRETARY OF STATE 214 State Capitol Atlanta 30334 November 30, 1973 THIS IS TO CERTIFY THAT I, THOMAS B. MURPHY, Speaker Pro Tern of the House of Representatives, have received from Ben W. Fortson, Jr., Secretary of State, certification of the results of the special run-off election held on the 27th day of November, 1973, in the 114th House District, Post No. 4, comprised of Baker, Calhoun, Dougherty and Lee Counties, for the purpose of electing a Representative to the General Assembly from the 114th House District, Post No. 4. This the 30th day of November, 1973. /s/ Thomas B. Murphy Thomas B. Murphy Speaker Pro Tern, House of Representatives HATCHER & COOK Albany, Georgia 31702 December 14, 1973 Clerk's Office, House of Representatives, Room 309, State Capitol, Atlanta, Georgia 30334 Dear Sir: I am enclosing herewith the Oath of Office of Members of the General Assembly which has been signed by me, Charles Hatcher and Judge Asa D. Kelley, Jr. Yours very truly, /s/ Charles Hatcher CH/bs Enclosure OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State. JOURNAL OF THE HOUSE, I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia, and that I am not a member of the Communist Party. So help me God. /s/ Charles Hatcher Sworn to and subscribed before me, this llth day of December, 1973. /s/ Asa D. Kelley, Jr., Judge, Superior Court, Dougherty Judicial Circuit The roll was called and the following Representatives answered to their names: Adams, G. D., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien 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 Clerk 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 Hatcher Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin,R. Irwin Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. MONDAY, JANUARY 14, 1974 17 Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 18 JOURNAL OF THE HOUSE, 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. The following communication from the Honorable Thomas B. Murphy, Speaker Pro Tern of the House, was read: HOUSE OF REPRESENTATIVES Atlanta, Georgia January 14, 1974 Honorable Glenn W. Ellard Clerk, Georgia House of Representatives 309 State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard : Effective 9:59 a.m., January 14, 1974, I hereby resign as Speaker Pro Tern of the Georgia House of Representatives. Respectfully, /&/ Thomas B. Murphy Thomas B. Murphy TBM/s The next order of business being the election of a Speaker of the House to fill the unexpired term of the late George L. Smith II for the years 1973-1974, Mr. Matthews of the 02nd placed in nomination the name of the Honorable Thomas B. Murphy of the 18th District, which nomination was seconded by Messrs. Collins of the 122nd, Dent of the 78th and Grahl of the 88th. Mr. Busbee of the 114th moved that the nominations be closed and the Clerk be instructed to cast the vote of the entire House for the nominee. The motion prevailed and the Honorable Thomas B. Murphy was declared elected Speaker of the House. The Chair appointed as a committee to escort the Speaker to the Speaker's stand the following members: Messrs. Gignilliat of the 105th, Castleberry of the 96th, Thompson of the 86th, Russell of the 53rd, Greer of the 43rd, Knight of the G5th, Foster of the 6th, Wilson of the 94th, Wood of the 9th and Miles of the 79th. MONDAY, JANUARY 14, 1974 19 The Honorable Thomas B. Murphy was escorted to the Speaker's stand and delivered the following address: Ladies and Gentlemen of the House: You have bestowed upon me the highest honor within your power. For this I am deeply grateful and sincerely humble. As I have stated before, I assume this high office with mixed emotions. There is happiness and joy in my heart that you have had the confidence to elect me to this high office, but sadness that such election was made necessary by the untimely death of our great and beloved Speaker George L. Smith, II. All of us are aware that Speaker Smith was the principal architect of our independent House of Representatives. I am dedicated to maintaining the independence of this House. I state to you unequivocally that I am tied to no one but my constituents and the members of this House. The independence so hard won by Speaker Smith and many of you must, and will be, defended from all possible encroachments. There are those about who would fan the ashes of the remains of that old urban, sub-urban and rural fight in the hopes that there is still a live spark that could be blown into a full flame to cause dissension among us. In that they will fail! Because every member of this distinguished body, whether he or she comes from the agricultural areas, the highest industrial areas or most thickly populated areas is a Georgian first, last and always. This is a deliberative body and there is no place in it for forces trying to divide us. There is no place in the House of Representatives for petty bickering. This House will continue to consider legislation on its merits without regard to personalities. I have absolute confidence in the integrity of every member of this body and I believe with every fiber of my being that every vote cast by each and every member of this great body will be for what each individual member honestly thinks is in the best interest of all of our great state. Knowing the ability, the dedication and the integrity of every member of this body, I look to the future with confidence that in every instance the final action of this body will reflect the will of the majority of the citizens of Georgia and that my colleagues is the purpose for the existence of a legislative body. Ladies and Gentlemen, the eyes of Georgia,, through the T. V., radio and other press, will be upon you more this year than ever before. Speaker Smith had absolute confidence in you as he made all the arrangements for the mass coverage you will receive. 20 JOURNAL OF THE HOUSE, I can have no less confidence and I know that your actions this session will show to the world that this confidence was merited. Finally, as I served you for three years, as Speaker Pro Tern, you know my door was always open to you. There will be no change in this policy. The door will always be open to you, the Speaker's Office is yours and I occupy it only as your servant. If I can assist you in any way, at any time, please call on me. I also need and want your help and advice, and any help and assistance you give me will be deeply appreciated. You are a fine group of men and women and this is the finest legislative body in the world. I know of no better way to thank you for allowing me to serve you other than by saying. "THANK YOU" Now, let's get on with the work. The following Resolutions of the House were read and adopted: HR 434. By Messrs. Murphy of the 18th, Burruss of the 21st, Busbee of the 114th, Connell of the 80th, Lambert of the 97th and Edwards of the 95th: A RESOLUTION To notify the Senate that the House has convened; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session, has organized by the election of Honorable Thomas B. Murphy of the 18th District as Speaker, and is now ready for the transaction of business. HR 435. By Messrs. Murphy of the 18th, Burruss of the 21st, Busbee of the 114th, Connell of the 80th, Lambert of the 97th, and Edwards of the 95th: A RESOLUTION To notify the Governor that the General Assembly has convened; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a Committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to notify His Excellency, the Governor, that the General As- MONDAY, JANUARY 14, 1974 21 sembly has convened in regular session and is now ready for the transaction of business. The Speaker appointed as a committee on the part of the House the followingmembers thereof: Messrs. Marcus of the 26th, Groover of the 75th, McDaniell of the 20th, Brown of the 34th, Mulherin of the 81st, King of the 85th and Odom of the 114th. HR 436. By Messrs. Murphy of the 18th, Burruss of the 21st, Busbee of the 114th, Connell of the 80th, Lambert of the 97th, and Edwards of the 95th: A RESOLUTION Adopting the Rules of the House of Representatives; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 1973 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Representatives for the regular 1974 session. HR 437. By Messrs. Murphy of the 18th, Burruss of the 21st, Busbee of the 114th, Connell of the 80th, Lambert of the 97th, and Edwards of the 95th: A RESOLUTION Calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Jimmy Carter, is hereby invited to address a joint session of the House of Representatives and the Senate at 7:00 o'clock p. m., January 14, 1974, in the Hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the Hall of the House of Representatives at 6:45 o'clock p. m. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor. BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives. 22 JOURNAL OF THE HOUSE, The Speaker appointed as a Committee of Escort on the part of the House the following members thereof: Messrs. Adams of the 74th, Atherton of the 19th, Brown of the 67th, Mrs. Clark of the 55th, Messrs. Harris of the 51st, Irwin of the 113th and Toles of the 16th. HR 438. By Messrs. Murphy of the 18th, Burruss of the 21st, Busbee of the 114th, Connell of the 80th, Lambert of the 97th, and Edwards of the 95th: A RESOLUTION Calling1 a joint session of the House of Representatives and Senate for the purpose of hearing; a message from the Governor; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Jimmy Carter, is hereby invited to address a joint session of the House of Representatives and the Senate at 12:00 o'clock noon, January 17, 1974, in the Hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the Hall of the House of Representatives at 11:45 o'clock a. m. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor. BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives. The Speaker appointed as a Committee of Escort on the part of the House the following members thereof: Messrs. Willis of the 119th, Wall of the 61st, Strickland of the 116th, Russell of the 62nd, Patterson of the 04th. McKinney of the 35th and Levitas of the 50th. The next order of business being the election of a Speaker Pro Tern of the House to fill the unexpired term of the Honorable Thomas B. Murphy for the years 1973 - 1974, the name of the Honorable A. L. (Al) Burruss of the 21st District was placed in nomination by Mr. Alien of the 108th, which nomination was seconded by Mr. Adams of the 14th: Mr. Busbee of the 114th moved that the nomination be closed and that the Clerk of the House be instructed to cast the vote of the entire House for the nominee. MONDAY, JANUARY 14, 1974 2S The motion prevailed and the Honorable A. L. (Al) Burruss was declared elected Speaker Pro Tern of the House. The Speaker appointed as a committee to escort the Speaker Pro Tern to the Speaker's stand the following members: Mr. Bohannon of the 64th, Mrs. Clark of the 55th, Messrs. Cole of the Gth, Harrington of the 93rd, Kreeger of the 21st, Lee of the 68th, Marcus of the 26th, Nessmith of the 76th, Rainey of the 115th and Williams of the 9th. The Speaker Pro Tern was escorted to the Speaker's stand and delivered the following address: Six weeks ago, I could not even spell Speaker Pro Tempore and I'm still not sure I know how to pronounce it but now I am one and I'm extremely happy! I have heard John Adams' remarks about model husbands so I turned to Webster for a definition of Pro Tempore. I hope his definition does not apply in my case because the definition given says "temporarily; or for the time being." We have seen a lot of Sunday morning quartet-backing about how I was elected. I'm going to let you in on a little secret I'm not positive that I know. However, I am sure that I stand here this morning elected by and committed to a broad cross section of legislators that come from all over Georgia. It is great to be in a position that will allow me to be Speaker Pro Tern to all members of this body. I fully realize how uncomfortable a five man race made members of this House. You were very much like an old Indian chief that was persuaded by a missionary to turn to Christianity. Everything went well except the chief hesitated to give up 4 of his 5 wives. The missionary insisted that the chief wovdd have to choose one wife and be true to her before his transition to Christ would be complete. The chief and the missionary finally reached a solution: The chief picked the wife that he wanted to keep and the missionary broke the bad news to the remaining four. Like the old chief you had a tough decision to make because every candidate was qualified to fill the post of Speaker Pro Tern. I am glad I received the good news and not the bad. Those of you that put me into the runoff, and nominated me on the second ballot will always hold a special place in my heart. 24 JOURNAL OF THE HOUSE, I also appreciate the honesty of the members that told me that I was not their choice. Maybe I can carry out the duties of this office in a manner that will eliminate subjecting- the membership to a similar situation next year. There are forces in state government that would love to see a feud develop in the House. My Grandpa told me years ago that it was impossible for two people to quarrel unless both of them wanted to fight. Ladies and Gentlemen, Al Burruss is not looking for a fight. I pledge to you that I will be working to insure a harmonious, productive session to which we can point with pride when we return to our homes. Help me help Speaker Murphy and the other leadership to conduct our affairs in a manner that will please the citizens of this great state. Thank you for placing me in this position of trust. Rest assured that I will not abuse the trust that you have placed in this chicken pluker from suburban Cobb County. The following communication from His Excellency, Governor Jimmy Carter, was received and read: EXECUTIVE DEPARTMENT Atlanta 30334 April 24, 1973 Honorable Geo. L. Smith II Speaker of the House of Representatives State of Georgia State Capitol Atlanta, Georgia 30334 Dear Mr. Speaker: I have vetoed House Bills 1208, 901, 722, 723, 645, 784, 23, 161, 411, 585, 586, 943, 577, 1059, 1071, 1079, 1082, 1221, 1228, 6, 21, 39, 92, 137, 169, 193, 280, 315, 442, 533, 700, 1125 and House Resolutions 290-1091, 140-535 and 100-332, which were passed by the General Assembly of Georgia at the 1973 Regular Session. I have also vetoed a portion of House Bill 141. Article V, Section I, Paragraph XV of the Constitution of the State of Georgia requires that I transmit such bills to you together with a list MONDAY, JANUARY 14, 1974 25 of reasons for such vetoes. The bills and list of reasons for their veto are enclosed. Sincerely, /s/ Jimmy Carter Jimmy Carter JC:whc Enclosures cc: Honorable Glenn W. Ellard cc: Honorable Prank H. Edwards cc: Honorable Arthur K. Bolton cc: Honorable Ben W. Fortson, Jr. Veto No. 3 House Bill 1208 by Representatives Larsen, Coleman and Jessup of the 102nd. This bill would have annexed property within the Dublin City limits which was improperly identified and consequently did not extend to the persons affected the opportunities customarily available. The original ad was not intended to cover annexation of property in the Brookwood and Mt. Olive Road area, and no request or decision to annex that property was made until after the advertisting had been completed. A lawsuit has been filed in the Superior Court seeking to enjoin the construction of the proposed roller skating rink near the Brookwood Subdivision. This was nothing more than an attempt to change zoning by annexation. Veto No. 4 House Bill 901 by Representatives Brown, Pinkston, Evans, Coney and Dickey of the 89th. I have signed House Bill 578 which establishes the Macon-Bibb Water and Sewer Authority. This bill would abolish the present Macon Water Board, but would create certain bonding problems, and can be accomplished by the local government under Home Rule authority. At the request of the local delegation I have vetoed this bill. Veto No. C, House Bill 722 by Representatives Pearce of the 87th, Berry and Thompson of the 86th, Adams of the 84th and others. This bill would increase the salaries of the deputy marshals employed in Columbus, Georgia. The deputy marshals, like other employees of this local government, are covered by a system of personnel administration which provides for uniform salaries based on job classification. The local government has the authority under their charter to provide for such a salary system and the local government officials asked that this bill be vetoed. 26 JOURNAL OF THE HOUSE, Veto No. 7 House Bill 723 by Representatives Colwell of the 4th, Williams, Whitmire and Wood of the 9th, Lane of the 76th, Irvin of the 10th and others. This bill would provide an exemption with respect to officers or employees of the State selling goods to the State. State officials should not do business with the State even on a public bid basis because such a practice can lead to an abuse of such official position and lessens the people's confidence in government. Veto No. 12 House Bill 645 by Representatives Buck and Pearce of the 87th, Thompson and Berry of the 86th. This bill authorizes the incorporation of municipalities without regard to the guidelines contained in Ga. Laws 1963, p. 251, and without provision for adequate guidelines in lieu thereof. Veto No. 13 House Bill 785 by Representatives Howard of the 19th, Pinkston of the 89th, Groover of the 75th, Williams of the 9th, Bostick of the 123rd and others. This bill would have reestablished a distress warrant in Georgia which had previously been declared unconstitutional by our Supreme Court. The use of distress warrants have been severely abused by unscrupulous creditors, particularly in a use against the uneducated and those not wealthy enough to afford legal counsel or poor enough to be eligible for free legal help. Without the distress warrant, both landlords and tenants have the same remedies available to them in the courts, and I cannot give an advantage to landlords unless those who cannot afford legal help or are qualified for legal aid are given some protection. Veto No. 14 House Resolution 290-1091 by Representative Harris of the 8th. This is a Resolution authorizing the conveyance of certain State property located in the City of Cartersville. The description of the property to be sold is apparently in error as a portion of this property is presently under a lease to the L & N Railroad. The sale of the described property would not provide the State any access to the depot building' located adjacent to the railroad right-of-way. Veto No. 15 House Bill 2,'i by Representative Adams of the 36th. This bill would authorize members of the Peace Officers Annuity and Benefit Fund to make application for benefits 24 months from the date of becoming disabled rather than from the 12 months now provided for by law. Twenty-four months is an excessive period of time and would possibly lead to abuses. There is no reason why adequate reports cannot be made within one year. MONDAY, JANUARY 14, 1974 27 Veto No. 16 House Bill 161 by Representatives Dorminy of the 115th, Grahl of the 88th, Alien of the 108th, Hutchinson of the 114th and others. This bill would reduce the county contribution for forest fire protection from 4c to lr but does not provide for cost saving features which could offset the increased State cost. Veto No. 17 House Bill 411 by Representatives Rush of the 104th, Irvin of the 10th, Jones of the 109th, Hays of the 1st and Roach of the 8th. This bill changes the composition of the Correctional Industries Administration. This legislation could result in serious administrative problems and interfere adversely with the rehabilitation priorities available under present composition of this agency. Veto No. 18 House Bill 585 by Representatives Williams, Wood and Whitmire of the 9th. Veto No. 19 House Bill 586 by Representatives Williams, Wood and Whitmire of the 9th. Municipalities are required to use the same fair market value in a county for assessing property for ad valorem tax purposes. House Bills 585, 586 and 587 each provide for an exemption with respect to the City of Gainesville in Hall County in order to solve local problems with respect to single valuations. House Bill 587 appeared to be the better solution to this problem and therefore House Bills 585 and 586 were vetoed. Veto No. 20 House Bill 943 by Representative Ritchie of the llth. This bill would authorize the election of county officials in Habersham County at a time different from the election of such officials in all other counties within the State. The Election Code provides that county officers shall be elected in the November election. Veto No. 22 House Bill 577 by Representatives Alexander of the 39th, Larsen of the 27th, Egan of the 25th, McKinney of the 35th and Horton of the 43rd and others. Veto No. 23 House Bill 1059 by Representative Miles of the 79th and others. Veto No. 24 House Bill 1071 by Representatives Lee, Northcutt, Bailey and Johnson of the 68th. Veto No. 25 House Bill 1079 by Representative Dollar of the 63rd and others. 28 JOURNAL OF THE HOUSE, Veto No. 26 House Bill 1082 by Representatives Bohannon and Patterson of the 64th. Veto No. 27 House Bill 1221 by Representatives Pearce of the 87th, Berry of the 86th, King and Davis of the 85th, Buck of the 87th and Thompson of the 86th. These bills would have given old age homestead exemption provided for in a Constitutional Amendment approved in the November 1972 General Election. The Attorney General has ruled that since the Constitutional Amendment was intended to apply statewide, these local bills are unconstitutional. Veto No. 28 House Bill 1228 by Representative Turner of the 3rd and Cole of the 6th. This bill was vetoed because Article III, Section VII, Paragraph XV of the Georgia Constitution was not complied with inasmuch as the Notice of Intention to Apply for Local Legislation was not attached to the bill. Veto No. 29 House Bill 6 by Representative Murphy of the 18th. This bill provides for both widow's benefits and maximum benefits without any provision for funding the increased costs. Present law provides for widow's benefits only if the member elects reduced benefits for his life. Veto No. 30 House Bill 21 by Representatives Adams of the 36th, Brown of the 89th, Smith of the 74th, Wamble of the 120th and others. This bill creates a Driver License Advisory Board with involved and extensive responsibilities and costs. The legitimate needs can be provided by the appointment of an advisory board pursuant to the Reorganization Act of 1972. Veto No. 31 House Bill 39 by Representatives Hutchinson of the 114th, Hawes of the 43rd, Jones of the 109th, Wheeler of the 127th and others. This bill authorizes a comprehensive health insurance plan for members of the Teachers Retirement System. The cost of such a program would exceed $8,000,000.00 a year and no funds were appropriated for the implementation of this program. Veto No. 32 House Bill 92 by Representatives Savage of the 30th, Horton of the 56th, Hudson of the 115th, Brown of the 67th and Roach of the 8th. This bill increases the compensation for members of the Board of Dental Examiners without any reference to the time devoted to such duties. MONDAY, JANUARY 14, 1974 29 Veto No. 33 House Bill 137 by Representatives Matthews and Logan of the 62nd, Ross of the 72nd, Lane of the 76th, Carrell of the 71st and others. This bill, in an attempt to exempt the Board of Regents from the provisions of the Reorganization Act relating to electronic data processing equipment, exempts the Board of Regents completely from the provisions of the Reorganization Act of 1972, creating problems with respect to the Georgia Agrirama and other agencies transferred to the Board of Regents by said Act. Veto No. 34 House Bill 169 by Representatives Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th, Alien of the 108th and others. This bill provided for the expenditure of public education monies for extracurricular and interscholastic activities only, inadvertently deleting the provision authorizing the use of such funds for educational purposes. Veto No. 35 House Bill 193 by Representatives Farrar of the 52nd and Buck of the 87th. This bill would authorize members of the Teachers Retirement System to retire after 35 years service irrespective of age. The increased cost involved in this amendment was not funded, and the fund would be actuarily unsound should this bill become law. Veto No. 36 House Bill 280 by Representatives Colwell of the 4th and Hawes of the 43rd. This bill authorized the Secretary of State to employ persons holding positions within the Judicial and Legislative branch of government, in violation of the principle of separation of powers provided for in the Georgia Constitution. Veto No. 37 House Bill 315 by Representatives Rogers and Harden of the 128th. This bill would authorize certain public school employees to establish prior service credits. No funds were appropriated to fund such credits although annual State costs are estimated to be $1,400,000.00. Veto No. 38 House Bill 442 by Representative Jones of the 109th, Alien of the 108th, Chance of the 112th, King .of the 85th and others. This bill authorized the purchase of liability insurance for school board officials affording coverage only for actions taken in pursuance of official duties. No provision was made with respect to a waiver of governmental immunity. Other legislation passed during the Session adequately provides for such protection. 30 JOURNAL OF THE HOUSE, Veto No. 39 House Bill 533 by Representatives Bostick of the 123rd and Petro of the 46th. This is a comprehensive revision of the State law regulating private employment agencies. This is a much weaker bill than the present law, and does not adequately regulate all segments of this industry. Veto No. 40 House Bill 700 by Representatives Carrefl of the 71st, Russell of the 53rd, Walker of the 100th and others. This bill would require installation of elevators in existing public buildings without adequate funding of such increased costs. An exemption was intended for existing buildings; however, provisions requiring elevators when renovation, modification or alteration is undertaken creates an insurmountable problem. Veto No. 41 House Bill 1125 by Representative Farrar of the 52nd. This bill provides for a mid-term adjustment with respect to the average daily attendance; however, the bill authorizes only upward adjustments and prohibits downward adjustments. One hundred sixty six systems have a five-year trend of loss in average daily attendance. The increased costs which would be attributed to the passage of this bill would be 6.9 million dollars. Veto No. 48 House Resolution 140-535 by Representative Greer of the 43rd. This resolution directed the Georgia Building Authority to provide 40 parking spaces for use by members of the General Assembly at all times. No provision was made for reducing the number of spaces reserved in the event they were not needed by members of the General Assembly and no provision was made with respect to parking fees therefor. Other provisions have been made to adequately provide parking for General Assembly members. Veto No. 49 House Resolution 100-332 by Representative Atherton of the 19th. This is a compensation resolution providing for compensation of Larry Wayne Pruitt; however, the claimant has been compensated for his injury through insurance. Veto No. 50 (portion of House Bill 141, Act 704, page 24). The following appropriation provided for in House Bill 141, Act No. 704, was vetoed: "Provided, that of the above appropriation relating to Capital Outlay, $300,000 is designated and committed for the Crooked River Project." MONDAY, JANUARY 14, 1974 31 The location of the facilities and the condition of the Crooked River State Park do not justify the expenditure of $300,000 for the construction of a sea wall. The following communication from His Excellency, Governor Jimmy Carter, was received and read: EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Writ of Election By the Governor: WHEREAS: A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the death of Honorable George L. Smith, II, the member of the House of Representatives from Representative District No. 91, as provided by Georgia Code Section 47-101, as amended; and WHEREAS: Article V, Section I, Paragraph XII of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may happen in the Senate and House of Representatives'; and WHEREAS: Section 34-805 of the Georgia Election Code (Ga. Laws 1964, Ex. Sess., p. 26), as amended, provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Ordinary of each county involved for such election to fill such vacancy; and WT HEREAS: Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after its issuance. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME, PARTICULARLY BY THE PROVISIONS OF ARTICLE V, SECTION I, PARAGRAPH XII OF THE CONSTITUTION OF GEORGIA, AND PARTICULARLY BY THE PROVISIONS OF SECTION 34-805 OF THE GEORGIA ELECTION CODE (GA. LAWS 1964, EX. SESS.. p. 26), AS AMENDED, IT IS HEREBY ORDERED: That a Writ of Election to fill the vacancy in the House of Representatives from House District No.' 91 be and the same is hereby issued to the Ordinaries of Emanuel, Jenkins and Johnson Counties, pursuant to the provisions of the Constitution and laws of Georgia, and particularly Article V, Section 1, Paragraph XII thereof, and Section 34805 of the Georgia Election Code (Ga. Laws 1964, Ex. Sess., p. 26), as amended. 32 JOURNAL OF THE HOUSE, IT IS FURTHER ORDERED: That said special election to fill the vacancy in the House of Representatives from Representative District No. 91 shall be held on the 15th day of January, 1974, pursuant to the Constitution and laws of the State of Georgia and particularly the provisions of the Georgia Election Code governing the conduct of special elections (Ga. Laws 1964, Ex. Sess., p. 26), as amended. This 14th day of December, 1973. /s/ Jimmy Carter Governor ATTEST: /s/ Frank Moore Executive Secretary The following communication from the Honorable Thomas B. Murphy was received and read: HOUSE OF REPRESENTATIVES Atlanta, Georgia December 5, 1973 Honorable Glenn W. Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia Dear Jack: This is to advise you that I am appointing under the standing committee of JUDICIARY, sub-committee of Law Enforcement the following members of the House: MORGAN, Chairman PEARCE, Vice Chairman BRAY, Secretary (The above appointments are due to the vacancy of former Representative Billy Lee.) With kindest regards, I am Sincerely yours, /s/ Thomas B. Murphy Speaker Pro Tern MONDAY, JANUARY 14, 1974 33 TEM:eph CC: Honorable Ben W. Fortson, Secretary of State Honorable Frank Edwards, Legislative Counsel Honorable Gary Bond, Fiscal Officer, General Assembly Honorable Wayne Snow, Chairman of Judiciary Committee Each of the above members The following communication from the Honorable Thomas B. Murphy was received and read: HOUSE OF REPRESENTATIVES Atlanta, Georgia December 5, 1973 Honorable Glenn W. Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia Dear Jack: This is to advise you that I am appointing under the standing committee of INSURANCE, sub-committee of Fire, Casualty & Allied Lines the following members of the House: GREER, Chairman CASTLEBERRY, Vice Chairman PETERS, Secretary (The above appointments are due to the vacancy of former Representative Billy Lee). With kindest regards, I am Sincerely, /s/ Thomas B. Murphy Speaker Pro Tem TBM:eph CC: Honorable Ben W. Fortson, Secretary of State Honorable Gary Bond, Fiscal Officer General Assembly Honorable Frank Edwards, Legislative Counsel Honorable J. Roy McCracken, Chairman of Insurance Committee Each of the above members 34 JOURNAL OF THE HOUSE, The following mesage was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit: SR 248. By Senator Holley of the 22nd: A Resolution notifying the House of Representatives that the Senate has convened; and for other purposes. By unanimous consent, the following Bill and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1239. By Mr. Russell of the 53rd: A Bill to be entitled an Act to amend Code Section 102-102, relating to general rules of construction for statutes, so as to provide that a court shall use the appropriate gender, when male or female, in its deliberations, consideration and application of any statutes of this State; and for other purposes. Referred to the Committee on Judiciary. HR 431-1239. By Mr. Russell of the 53rd: A Resolution proposing an amendment to the Constitution so as to provide that the judges of the superior court within a judicial circuit shall have the authority to create a family court within their respective judicial circuits; and for other purposes. Referred to the Committee on Judiciary. HR 432-1239. By Mr. Russell of the 53rd: A Resolution creating the Family Court Study Commission; and for other purposes. Referred to the Committee on Judiciary. HR 433-1239. By Mr. Russell of the 53rd: A Resolution creating the Central Pre-Adult Shelter Study Committee; and for other purposes. Referred to the Committee on Rules. MONDAY, JANUARY 14, 1974 35 By unanimous consent, the following Bill and Resolutions of the House were read the second time: HB 1238. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act known as the "Apartment Ownership 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. Mr. Brown of the 67th District, Chairman of the Committee on Health and Ecology, submitted the following report: Mr. Speaker: Your Committee on Health and Ecology has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 831. Do Not Pass. HB 816. Do Not Pass. HB 451. Do Pass, by Substitute. HB 918. Do Pass. HB 951. Do Pass. HB 699. Do Pass, as Amended. Respectfully submitted, Brown of the 67th District, Chairman. 36 JOURNAL OP THE HOUSE, The following Resolutions of the House were read and adopted: HR 442. By Mr. Murphy of the 18th: A RESOLUTION Providing for the election of a Representative as a member of the State Properties Commission; and for other purposes. WHEREAS, Code Section 91-104a. provides that the Speaker of the House of Representatives shall be a member of the State Properties Commission and also provides that a Representative elected by the House shall be a member of said Commission; and WHEREAS, a vacancy exists on the Commission and a member of the House of Representatives should be elected to membership on the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that an election of a Representative as a member of the State Properties Commission shall be held by the House of Representatives at 11:00 o'clock a.m. on January 15, 1974. HR 443. By Messrs. Hudson of the 115th, Patten and Matthews of the 123rd and others: A RESOLUTION Expressing opposition to the proposal of Secretary of Agriculture Earl Butz to increase or terminate flue-cured tobacco quotas for 1974; and for other purposes. WHEREAS, the Honorable Earl Butz, Secretary of Agriculture of the United States, has proposed the increase or termination of flue-cured tobacco quotas for 1974; and WHEREAS, there is a potential flue-cured tobacco crop in Georgia and Florida of nearly 200 million pounds of tobacco; and WHEREAS, tobacco farmers in Georgia and Florida cannot produce their present quotas for 1974, much less an additional allocation; and WHEREAS, Georgia tobacco farmers have neither the curing facilities nor the labor to produce an extra quota amount of tobacco; and WHEREAS, the tobacco farmers of Georgia are keenly aware of the scarcity and the high cost of fertilizer and curing fuels, as well as the rising cost of labor, equipment and supplies; and MONDAY, JANUARY 14, 1974 37 WHEREAS, the total national flue-cured tobacco production in 1973 amounted to 1 billion 185 million pounds, while disappearance for the same period was just under 1 billion 200 million pounds, thus making supply and demand only about one percent apart; and WHEREAS, production costs, supplies, labor, interest rates and taxes rose between 15 and 20 percent during the production of the 1973 crop while tobacco farmers received only about three percent in prices above the 1972 price levels; and WHEREAS, if prices are reduced by the 11 cents per pound received above support prices in 1973, the tobacco farmers of Georgia and Florida would suffer losses of 18 to 20 million dollars and the farmers of the entire flue-cured tobacco belt would lose between 135 and 150 million dollars; and WHEREAS, it has been suggested that the purpose of increasing or terminating quotas is to force farmers into complete mechanization, but it should be recognized that complete mechanization cannot be rapidly undertaken since necessary equipment is not readily available; and WHEREAS, an increase in quotas at this time would be bad for the flue-cured tobacco farmers, but the termination of quotas would be tragic and would bring disaster not only to tobacco farmers, but would also seriously affect the entire economies of several States; and WHEREAS, the proposals of the Secretary of Agriculture, if adopted, will cheapen tobacco farm lands, will reduce the income of many elderly people who have leased their small quotas, and would seriously affect the solvency of tobacco farmers, many of whom are heavily in debt for equipment, farm land and other necessities. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby express their opposition to the proposals of Secretary of Agriculture Earl Butz to increase or terminate flue-cured tobacco quotas for 1974, and hereby urge the Secretary of Agriculture to withdraw his proposals. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to the Honorable Earl Butz, Secretary of Agriculture of the United States; the Honorable Phil Campbell, Undersecretary of Agriculture of the United States; the Honorable Herman E. Talmadge and the Honorable Sam Nunn, United States Senators; and to each member of the Georgia Congressional Delegation. HR 444. By Messrs. Harden and Rogers of the 128th: A RESOLUTION Commending the Glynn Academy Red Terrors; and for other purposes* 38 JOURNAL OF THE HOUSE, WHEREAS, the Red Terrors Baseball Team of Glynn Academy have recently become the 1973 State AAA Baseball Champions; and WHEREAS, this outstanding baseball team compiled a season record of 22 wins against only 3 losses and compiled a 3-AAA record of 12 wins; and WHEREAS, the 1973 Championship is the first State AAA Baseball Championship ever achieved by the Glynn Academy Red Terrors; and WHEREAS, this outstanding achievement is the result of teamwork, dedication and outstanding athletic ability, as well as the superior coaching ability of Coach Max Braun; and WHEREAS, the members of this team are Kevin Drury, Bob Parsons, Gary Brunson, Julian Ward, Jimmy Brown, Buddy Moore, Wyman Varnedoe, Randy Stephens, Frank Thrower, Bill Resimont, Kerry Faust, Danny Lowe, Ricky McCann, Bruce Flexer, Keith DeBarry, and Gary Cody, Manager. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize and commend the Glynn Academy Red Terrors Baseball Team on becoming the 1973 State AAA Baseball Champions. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby anthorized and directed to transmit appropriate copies of this resolution to Glynn Academy and to each person hereinabove named. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted the following Resolution of the House, to-wit: HR 435. By Mr. Murphy of the 19th and others: A Resolution to notify the Governor that the General Assembly has convened. The President has appointed as a Committee to notify the Governor on the part of the Senate the following Senators: Carter of the 14th, Ward of the 39th, Tysinger of the 41st, Reynolds of the 48th, Duncan of the 30th, Hudgins of the 15th and Doss of the 52nd. MONDAY, JANUARY 14, 1974 39 The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted the following Resolution of the House, to-wit: HR 437. By Mr. Murphy of the 19th and others: A Resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor. The President has appointed as a Committee of Escort the following Senators: Holloway of the 12th, Smith of the 34th, Hamilton of the 26th, Johnson of the 38th, Riley of the 1st, Gillis of the 20th, and Coggin of the 35th. The following communications were received and read: HOUSE OF REPRESENTATIVES Atlanta, Georgia January 14, 1974 Honorable Glenn W. Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia Dear Jack: This is to advise you that I am appointing Honorable Charles Hatcher, Representative, District 114, Post 4 to the following committees of the House of Representatives: 1. AGRICULTURE & CONSUMER AFFAIRS 2. JUDICIARY Law Enforcement 3. WAYS & MEANS Sincerely yours, /s/ Thomas B. Murphy Speaker TBM:eph CC: Honorable Ben W. Fortson, Secretary of State Honorable Charles Hatcher, Representative, District 114 Honorable Dorsey Matthews, Agriculture Chairman Honorable Wayne Snow, Judiciary Chairman Honorable Burton Wamble, Ways & Means Chairman Honorable Gary Bond, Gen. Assembly Fiscal Officer 40 JOURNAL OF THE HOUSE, HOUSE OF REPRESENTATIVES Atlanta, Georgia January 14, 1974 Honorable Glenn W. Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia Dear Jack: This is to advise you that I am removing Representative Jack Connell from the standing committee STATE OF REPUBLIC and placing him on the standing committee APPROPRIATIONS. Sincerely yours, /s/ Thomas B. Murphy Speaker TBM:eph CC: Honorable Ben W. Fortson, Jr. Honorable Frank Edwards Honorable Gary Bond Honorable James "Sloppy" Floyd, Chairman, Appropriations Honorable Mobley Howell, Chairman, State of Republic Honorable Jack Connell HOUSE OF REPRESENTATIVES Atlanta, Georgia January 14, 1974 Honorable Glenn W. Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia Dear Jack: This is to advise you I am appointing under the Standing Committee of INSURANCE a sub-committee to be known as the Bonds, Fidelity and Surety. The following members will serve on this sub-committee. INSURANCE (Standing Committee) Bonds, Fidelity and Surety WOOD, Chairman ADAMS of 84th, Vice Chairman WILSON of 94th, Secretary Irvin of 23rd Petro Sincerely yours, /s/ Thomas B. Murphy Speaker MONDAY, JANUARY 14, 1974 41 TBMreph CC: Honorable Ben W. Portson, Jr., Secretary of State Honorable J. Roy McCracken, Chairman of Insurance Honorable Frank Edwards, Legislative Counsel Honorable Gary Bond, Fiscal Officer Each of the above members The following communication was received from the Honorable Ben W. Fortson, Jr., Secretary of State: SECRETARY OP STATE State Capitol Atlanta 30334 January 14, 1974 Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of January 11, 1974, being numbers 1 through 75, in accordance with Act No. 1294 (H.B. 1210), Georgia Laws 1970. With best wishes, I am Enclosure Sincerely your friend, /s/ Ben W. Fortson, Jr. Secretary of State STATE OP GEORGIA Office of Secretary of State I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the four pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 1 through 75), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearances for the 1974 Session of the Georgia General 42 JOURNAL OF THE HOUSE, Assembly as of Friday, January 11, 1974, in accordance with Act No. 1294, Georgia Laws, 1970. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 14th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-four and of the Independence of the United States of America the One Hundred and Ninety-eighth. /s/ Ben W. Fortson, Jr. Secretary of State (Seal). 1. Gene Dyson Georgia Business and Industry Association, Inc. 181 Washington Street, S. W. Atlanta, Georgia 30303 2. James N. Parkman Georgia Business and Industry Association, Inc. 181 Washington Street, S. W. Atlanta, Georgia 30303 3. Clifford M. Clarke Georgia Business and Industry Association, Inc. 181 Washington Street, S. W. Atlanta, Georgia 30303 4. Raymond L. Hill Georgia Hotel-Motel Assn. 1410 Rhodes-Haverty BuildingAtlanta, Georgia 30303 5. Jerry R. Griffin Georgia Municipal Association 220 - 10 Pryor Street Bldg. Atlanta, Georgia 30303 6. George L. DeMore Georgia Business and Industry Association, Inc. 181 Washington Street, S. W. Atlanta, Georgia 30303 7. Richard H. Kimberly Kimberly-Clark Corporation 1054 Foxcroft Road, N. W. Atlanta, Georgia 30327 8. Larry W. Thomason Common Cause 406 Decatur Federal Building Decatur, Georgia 30033 9. Elizabeth B. Duncan Common Cause 660 Elkmont Drive, N. E. Atlanta, Georgia 30306 MONDAY, JANUARY 14, 1974 43 10. William H. "Bill" Burson National Federation of Independent Business 3004-1 Buford Highway, N. E. Atlanta, Georgia 30329 11. Prank L. Carter Georgia Textile Manufacturers Association, Inc. 2640 National Bank of Georgia Bldg. Atlanta, Georgia 30303 12. Jesse W. Curlee Georgia Textile Manufacturers Association, Inc. 2640 National Bank of Georgia Bldg. Atlanta, Georgia 30303 13. Charles Belt The People 3042 O'Hare Drive South Macon, Georgia 31206 14. Carlton Marlow Registered Agent Mark Inns Self 4678 Fowler Circle Acworth, Georgia 30101 15. Mrs. 'Mary Alice Henning Common Cause 1847 Fisher Trail, N. E. Atlanta, Georgia 30345 16. Charles W. Larcom Common Cause 2823 Kathryn Court East Point, Georgia 30344 17. Ann W. White Common Cause 1961 River Forest Road, N. W. Atlanta, Georgia 30327 18. Charles H. Lindsey Registered Agent Georgia Sign Association Georgia Automatic Merchandising Council The South Eastern Fabricare Assn. Suite 117, 1639 Tully Circle, N.E. Atlanta, Georgia 30329 19. Mack A. Tucker, Jr. Georgia Concrete and Products Assn. 2951 Flowers Road South Atlanta, Georgia 30341 20. Judge G. Sisk National Association of Retired and Veteran Railway Employees, Inc. 398 Lake Drive Hapeville, Georgia 30354 44 JOURNAL OF THE HOUSE, 21. Merle Lefkoff S.A.V.E. 1337 Kittredge Court Atlanta, Georgia 30329 22. Paul L. Hanes Registered Agent Georgia Beer Wholesalers Self Suite 1727, 100 Colony Square Atlanta, Georgia 30361 23. Patrick O'Leary Common Cause 3223 McKenzie Road East Point, Georgia 30344 24. Roy W. Sockwell Christian Science Committee on Publications 3379 Peachtree Road, N. E. Atlanta, Georgia 30326 25. Edward M. Southerland Common Cause 1111 Clairmont Avenue Apartment N-5 Decatur, Georgia 30030 26. Wesley Wood Terry Self 66 Copeland Road, N. E. Atlanta, Georgia 30342 27. Howard H. Burns Georgia Hearing Aid Society 964 Houston Mill Road, N. E. Atlanta, Georgia 30307 28. Glenn M. Hogan Georgia Hospital Association 92 Piedmont Avenue, N. E. Atlanta, Georgia 30303 29. Martha True Georgia State AFL-CIO 501 Pulliam Street, S. W. Suite 549 Atlanta, Georgia 30312 30. Herbert H. Mabry Georgia State AFL-CIO 501 Pulliam Street, S. W. Suite 549 Atlanta, Georgia 30312 31. Betty C. Godwin Georgia State AFL-CIO 501 Pulliam Street, S. W. Suite 549 Atlanta, Georgia 30312 MONDAY, JANUARY 14, 1974 45 32. George L. Harris, Jr. Georgia Bankers Association Post Office Box 891 Atlanta, Georgia 30301 33. Kenny D. Fuller, Sr. Georgia Ambulance Association Post Office Box 252 Lexington, Georgia 30648 34. Rusty Kidd Medical Association of Georgia 938 Peachtree Street, N. E. Atlanta, Georgia 30309 35. BillMerritts Grayline of Atlanta 309 Walker Street, S. W. Atlanta, Georgia 30313 36. James H. Hudson Eli Lilly & Company Post Office Box 628 Norcross, Georgia 30071 37. E. Harold Sheats Association County Commissioners of Georgia 2036 Headland Drive East Point, Georgia 30344 38. Mrs. Mamie Kennedy Taylor Georgia Federation of Women's Clubs 1137 Briarcliff Road, N. E. Atlanta, Georgia 30306 39. Carl T. Martin United States Brewers Association Suite 101, 1655 Tully Circle, N. E. Atlanta, Georgia 30329 40. Dorothy Tracy League of Women Voters Education 3037 Slaton Drive, N. W. Atlanta, Georgia 30305 41. AlHill Georgia Association of Assessing Officials 1010 Skyline Drive Griffin, Georgia 30223 42. Troy Athon Georgia Nursing Home Assn. 3250 Memorial Drive Decatur, Georgia 30032 43. Gerry W. Dobson Common Cause 3283 Blazing Pine Knoll Decatur, Georgia 30034 46 JOURNAL OF THE HOUSE, 44. Glenn Newsome Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30032 45. Glint G. Sweazea Air Transport Association Atlanta Airport Atlanta, Georgia 30320 46. Alan S. Gaynor First Bank of Savannah 440 Lincoln Street Savannah, Georgia 31401 47. John D. Prien, Jr. Georgia Society of Professional Engineers Suite 770 1375 Peachtree Street, N. E. Atlanta, Georgia 30309 48. R. M. Bullington United Transportation Union Post Office Box 80763 Chamblee, Georgia 30341 49. Charles T. White Georgia Beer Wholesalers Assn. Suite 1701 - 100 Colony Square Atlanta, Georgia 30361 50. John E. Wright The Atlanta Labor Council 501 Pulliam Street, S. W. Atlanta, Georgia 30312 51. Dr. DuPree Jordan, Jr. Association of Private Colleges and Universities in Georgia 3330 Peachtree Road, N. E. Suite 557 Atlanta, Georgia 30326 52. W. Elmer George Georgia Municipal Association 220 - 10 Pryor Street Building Atlanta, Georgia 30303 53. Herman Spence George Retail Furniture Assn. 14-G-2 Atlanta Merchandise Mart Atlanta, Georgia 30303 54. Wilton Hill Georgia School Bus Drivers Assn. Box 158 Reidsville, Georgia 30453 MONDAY, JANUARY 14, 1974 47 55. Abit Massey Georgia Poultry Federation Box 763 Gainesville, Georgia 30501 56. Mrs. Charlotte D. Moran DeKalb County League of Women Voters 1802 East Clifton Road, N. E. Atlanta, Georgia 30307 57. Karen Bedingfield Georgia Electric Membership Corp. Suite 845, 148 Cain Street Atlanta, Georgia 30303 58. Heywood Gay Georgia Electric Membership Corp. Suite 845, 148 Cain Street Atlanta, Georgia 30303 59. Ski Bashinski Registered Agent Georgia Independent Automobile Dealers Association Georgia Funeral Directors Assn. Georgia Motorcycle Dealers Assn. Recreation Vehicle Dealers of Greater Atlanta Marine Trade Assn. of Metro Atlanta 3009 Rainbow Drive Decatur, Georgia 30034 60. Harold F. Jackson A & P Tea Company 4081 Windsor Castle Way Decatur, Georgia 30034 61. Steve Nimmer Registered Agent 3M Georgia Automobile Dealers Assn. Georgia Farm Equipment Assn. P. 0. Box 269 Blackshear, Georgia 31516 62. William F. Morie Georgia Automobile Dealers Assn. 808 Hartford Building Atlanta, Georgia 30303 63. Phil Harrison Georgia Dental Association 1776 Peachtree Street, N. E. Atlanta, Georgia 30309 64. William F. Renouf Transamerica Corporation Suite 138 3781 Northeast Expressway Atlanta, Georgia 30340 48 JOURNAL OF THE HOUSE, 65. Fred Reber American Investment Company 3151 Maple Drive Atlanta, Georgia 30305 66. Rowanda Maloof Isaf American Association of University Women 993 Fairfield Drive Marietta, Georgia 30062 67. Bill McBrayer Georgia Retail Association 8-E-2 Atlanta Merchandise Mart Atlanta, Georgia 30303 68. Bruce E. Widener Registered Agent Self Georgia Utility Contractors Association Suite 125, South DeKalb Office Park 3009 Rainbow Drive Decatur, Georgia 30034 69. Richard F. He watt Registered Agent Loyal Order of Moose American Legion, Post 1 Yaarab Temple Elks Lodge, #78 563 Trabert Avenue, N. W. Atlanta, Georgia 30309 70. Garland Williams Fulton County Board of Education 2674 Lancaster Drive East Point, Georgia 30344 71. W. A. Binns Union Camp Corporation P. O. Box 570 Savannah, Georgia 31402 72. John F. Chambless Associated General Contractors of America, Inc. (Georgia Branch) 147 Harris Street, N. W. Atlanta, Georgia 30313 73. Andrew Jackson Moye, III Common Cause 330 Arrowhead Blvd. Apartment 36-B Jonesboro, Georgia 30236 74. Robert Scholtens Common Cause 2405 Hazelwood Drive Atlanta, Georgia 30345 MONDAY, JANUARY 14, 1974 49 75. William Randolph Owen National Association of Social Workers 1185 Collier Road, Apt. 14G Atlanta, Georgia 30318 The Speaker announced the House recessed until 6:45 oclock, P.M. EVENING SESSION The Speaker called the House to order. The hour of 6:45 o'clock, P.M. having arrived, pursuant to HR 437, adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address by His Excellency, Governor Jimmy Carter, was called to order by the President of the Senate. The Resolution calling for the Joint Session was read. Accompanied by the Committee of Escort and other distinguished guests, Governor Jimmy Carter appeared upon the floor of the House. The President of the Senate, Lieutenant Governor Lester G. Maddox, introduced the Governor who delivered the following address: Lieutenant Governor Maddox, Speaker Murphy and my fellow Georgians: I speak to you tonight with mixed emotions because this is my last State of the State message, and as with the proverbial glass, I could view my term as either three-quarters empty or one-quarter full. But in reality both poi-tions have been and will be full, because we have realized almost unbelievable progress already, and we have adequate opportunity for additional success this year. We Georgians are deeply obligated to you, the members of the General Assembly, but all Legislators to whom we are indebted are not here. The most conspicuous absence is that of Speaker George L. Smith, one of the greatest lawmakers this nation has ever known. When we first learned of his illness, many of us felt bereft of leadership, but Speaker Pro Tern Tom Murphy immediately took up the fallen 50 JOURNAL OF THE HOUSE, gavel. Since that time he has provided us with a continuity and quality of service beyond all reasonable expectations. Again you have chosen well. I have joined you in pledging to your new speaker my complete cooperation and suport. We know from experience that our people are deeply concerned about government. One of my last conversations with the late Speaker was about the need to dramatize the contrast between the national scene, where the legislative and executive branches are divided in non-productive disharmony, and that which exists in Georgia to complete our present terms of office with a demonstration during this session of harmony and constructive government. Let us look briefly at our record of both success and failure. . In general our reorganized government is performing well. We have successfully halted the runaway growth in employees on the State's payroll. A few short years ago the number of State workers was increasing at the rate of 14'; per year, an all time high. By last year, the first full year of reorganization, services were increased dramatically, but we had reduced that employment growth rate to about 2-1/2'y. Next fiscal year, even including the staffing of our new mental hospitals, recommended budgeted positions will rise by less than 2'/( . Georgia's unemployment is 30'i below the national average and economic growth is excellent. Last year's capital investment in new and expanded industry was 25', r more than any previous year with almost a third more new jobs than three years ago. Our new activities in the international arena have already begun to bear fruit. During 1973 we gained two more foreign consulates, and Japan has already announced plans for a consul general to arrive here early this year. Announced Japanese investment alone exceeded $75 million for 1973, providing over 2,000 new jobs for Georgia's workers, primarily in the Macon and Augusta areas. This Spring, in April, all the great nations of North and South America will assemble in Atlanta, Georgia, the first meeting in this country of the Organization of American States ever held outside of Washington. D.C. I'm proud that you have already passed a substantial portion of the first comprehensive judicial reform package in this century. Our judges, district attorneys, grand juries and our law enforcement officers and private citizens are eager to see us complete this job. Our State Division of Investigation is now a top-notch professional dime-fighting organization. Just in the area of drug abuse, the statistics MONDAY, JANUARY 14, 1974 51 are amazing'. This past year DOI agents, working closely with federal and local officials, made over 700 drug arrests and confiscated drugs worth more than $6 million. The new special contract agents you provided last year have an astounding 96 '< conviction rate on narcotics cases brought to trial thus far. Our State Patrol has been equally effective. Last year, despite a large increase in motorist miles driven, we had 35 fewer traffic deaths in Georgia. By paying Troopers to work overtime in areas with high fatality rates, we have been able to reduce deaths in 18 affected counties by a remarkable 3Q'/r. I could make an entire speech about accomplishments in Natural Resources. We are lagging behind in municipal water quality control because of lack of funds, but practically all industrial sewerage will be treated by the end of this year. We are having safe and successful hunting seasons, and if they can be properly protected for a few years, large numbers of native wild turkey, like deer and other game, will again roam Georgia's forests. This year a motion picture and a new book are being prepared for farmers, hunters and conservation rangers on the management of our State Game Bird, the Bobwhite Quail. Three departments deserve special attention because they are so sensitive, controversial and difficult to administer. The Department of Administrative Services has an outstanding record in managing State funds and is making substantial progres in purchasing, printing, electronic data processing, transportation and space management. Compared to five years ago, the portion of available State money which is invested and earning interest has been doubled; and with the money market almost the same, income on these funds has tripled, now amounting to more than $17 million per year. The increased earnings are enough to finance three of our smaller departments. We are producing more printing of all kinds for more agencies at a lower cost and with a 28'< reduction in printing personnel. Contract purchasing is saving money and paper work for both local governments and school systems, as well as State government. A computerized inventory control system now keeps track of the State's personal property for the first time in history. The Reorganization study recommended a seven-year program for the consolidation of electronic data processing equipment, which formerly existed separately in almost every major department. We have almost completed this effort in less than 2 years instead of 7 years. Demand for these services has grown by leaps and bounds, and we now have more than 5,000 different computer programs. I must admit that scheduling of service has sometimes been too optimistic and delivery of service too slow. 52 JOURNAL OF THE HOUSE, This is a problem which I recognize, and I have now become personally involved in its solution. Because of many well-known reasons, Georgia is doing a better job of arresting and convicting criminals. However, probation services are still not adequate, so the prison population has grown. Many inmates have psychological problems and are alcoholics or drug addicts. They are mostly young and uneducated. They have no legitimate job skill. About a third are mentally retarded. The Department of Offender Rehabilitation has a difficult challenge. In spite of some highly vocal and well-publicized criticism, substantial progress is being made. In 1971, for instance, we had almost no wardens who were college graduates. Now more than half of these top administrators have a bachelor's or a master's degree, and several more hold a doctorate. In the last three years, the number of institutional counselors has quadrupled, teachers more than doubled and other professionals tripled in number. Early release and work release programs are encouraging prisoners to perform better and learn quicker. These are long-range programs, but we can already see the results. For the first time in years, the officers and not the inmates, are running the prison at Reidsville. Just a few short years ago, our recidivism rate was the highest in the nation, but in 1972 and 1973 the number of ex-offenders who returned to prison after their release was less than 3'/r a year. Georgia's prison system is rapidly becoming a source of pride instead of shame. Our new and expanded Pardons and Parole Board is now establishing a reputation for complete independence and integrity. Its members deserve our gratitude and support. And now my favorite, the Department of Human Resources, the most difficult and complicated of all, and the one in which I am most interested and most proud. The procedure by which the Service Area Network of this Department was established has been criticized, and I regret very much the recent misunderstanding with some members of the Legislature. Before this Network was established, however, we had 8 or 9 major, separate operations. There were 34 mental health catchment areas and 13 physical health areas. There were separate and different area networks for vocational rehabilitation, juvenile offenders, welfare programs and others. MONDAY, JANUARY 14, 1974 53 These many different area networks were simply combined into one Network with 23 standard areas. Top administration was moved out of Atlanta into the field to work closer to the people being served. To change back to that old complicated arrangement would destroy the effective management of the Department. What has the Department done? Well, we had no State drug treatment program 3 years ago. Now we have 39 treatment centers caring for more than 3,500 drug addicts in 1973. Of course, our worse drug problem is alcoholism. We have about 8,000 heroin addicts in Georgia. We have approximately 150,000 alcohol addicts. Because of your help in removing past legal obstacles, we are making some late progress in treating alcoholics. In the last 12 months we have increased the number of community clinics from 15 to 34, now treating more than 10,000 alcoholics per year. Our Department of Human Resources has initiated aggressive new programs to eliminate welfare cheaters and to get people off the welfare rolls and onto the payrolls. As the rapid changes in federal regulations have slowed somewhat, the annual growth in welfare recipients has been cut from an all time high of over 40'/' just five years ago to less than S'/p last year and we hope for an additional reduction during this fiscal year. During 1973 we expanded our WIN Program from 21 counties into all 159. This program trains welfare recipients to work for their own living. Sickle cell anemia tests have jumped from zero to 9,000 to 70,000 in just 2 years. Syphilis cases reported were down 8', > last year, the first decrease since 1968. Our new testing program begun last fiscal year for latent gonorrhea revealed almost 8,000 positive results out of 121,000 females who were tested. We have shifted from a policy of institutional incarceration of mental patients to one of local community treatment. Although we are now treating 56V' more mental patients, the number of resident hospital patients during the last three years has decreased by about 2,000 or 30 '/<. We have slashed in half the length of hospital stay for the average patient, which in 1970 was 629 days. Several of our regional mental hospitals have now reduced this necessary treatment period to less than 60 days. Just for illustration, let us transform some of these perhaps dry statistics into human terms. There is an older community center in Irwin County which is now serving a group of afflicted children. This weekend my wife, Rosalynn, drove to Ocilla to participate in the Special Olympics there. JOURNAL OP THE HOUSE, One teenage girl who had spent her lifetime in a wheelchair has recently become an excellent swimmer. A three-year old child whose parents are both deaf-mutes, and who was always thought to have the same affliction has now begun to talk. A "child", who was 70 years old, has not missed a day since the center opened. He has a new life, and stirred the crowd as he sang beautifully the great hymn, "How Great Thou Art". Although there is adequate room for only 38 students or patients, 61 are now housed in three old buildings, including a mobile home and a Girl Scout hut. They and 6,000 others like them all over Georgia have new hope. Under the guidance of medical doctors, psychiatrists and nurses, they are trained and taught by hundreds of eager Department workers and volunteers at less than one-third the cost of institutional care. We now have 124 different community centers like this, 68 of which were opened in the last 18 months. We have not invested our money in new buildings, but in new hopes, new dreams and new lives. You all can be proud of the results of those investments. In spite of this progress, we public officials suffer from a lack of public trust. How can we be considered truthful? Simply by telling the whole truth. How can the people know the facts about government? We can strip away the veils of secrecy. How can excessive influence of special interests be reduced? By revealing our relationship with them. How can campaign abuses be eliminated? By clear legal restraints and complete public reporting. In other words, the best way to restore our credibility is to be credible. The Attorney General and others have prepared fair but strong and enforceable ethics legislation. We must pass it into law. The influence of lobbyists is too great in our State Government. I belong to the Southern Peanut Warehousemen's Association. It was designed and is organized to work for the best interests of warehousemen and not for individual farmers who trade at the warehouse. Teachers' organizations speak primarily for teachers and not for students. MONDAY, JANUARY 14, 1974 55 The Medical Association primarily speaks for doctors and not for patients. The State Chamber of Commerce for its own business members and not the customers. There is certainly nothing illegal or improper about this, but we as State officials must remember always that we are often the only spokesman and representative of the home owner, the medical patient, the school child, the legal client, the purchaser of goods and the borrower of money. Powerful and effective lobbyists have one of our ears. Our other ear must be constantly tuned to our non-influential constituents who speak with a quiet and sometimes distant voice, but who watch us with an understanding eye. For two years now, competent legislative committees have been working hard to develop consumer protection, fair trade and no-fault insurance proposals. Now we need to complete our work as Alabama, Florida, South Carolina, and Tennessee have already done. Our State has become the dumping ground for shysters and con artists who prey on unsuspecting Georgians, and at the same time, cheat their honest business competitors. We must be very careful that laws are not passed under a false label. We must insure that they are truly designed to help Georgia consumers and motorists and honest businessmen. No description of the State of our State would be complete without a discussion of the drug problem. I have already told you about the increasingly effective job our law enforcement officers are doing in apprehending those who deal in these destructive substances. But all too often, months of dangerous and expensive police work are wasted in a few minutes when a known pusher is permitted, by weak laws or technicalities, to return to the streets to sell more dope. I want to see our drug laws clarified and strengthened to ensure that the legal risks of trafficking in drugs exceeds the profits in them. Almost anyone with a drug problem can now get help. There is no longer any need to sell drugs to feed an uncontrollable and addictive habit. The only reason for pushing dope now is a fat profit coupled with delayed and uncertain conviction and weak penalties. We need clear legal definitions of dangerous substances and laws which require suitable punishment for drug violations, including a mandatory life sentence for repeated pushers of hard and addictive drugs. A moderate and a standard bill to establish emergency powers to deal with unforeseen energy crises will be proposed to you. I shall report more fully on the subject of energy in my Budget Message on Thursday. Early action began last April to conserve energy, to anticipate the effect of the shortage on our FY 1975 budget, and to promote, within our 56 JOURNAL OF THE HOUSE, limited authority, more equitable allocation of certain scarce fuels. With your support, these efforts will minimize the adverse impact of the energy problem on our people. Because of my personal background, I have a particular interest in detailed business management. However, I see very clearly that the essence of government is not administrative competence, but service to the people. Government must have a heart. But it must also be a pure heart. The quality of leadership can be measured by our willingness to sacrifice personal profit. Those few among us who use the authority and publicity of public office to enrich themselves financially deserve nothing but contempt. Make no mistake, they are an abiding threat to our own reputations as individuals and to the future of our democratic form of government. Our people are concerned about the quality of government, and they are right. Legitimate and persistent demands for fairness and for strict accountability are being made by many voices which were formerly silent. Standards of honesty and performance are being rapidly elevated. These changes in the relationship between our people and their government are both inevitable and beneficial. We must respond to them, not with reluctance and timidity, but with courage and enthusiasm. In closing, I commend to you the words of a great hymn as my prayer and your prayer for the coming days. "God of Grace and God of Glory, Grant us wisdom, Grant us courage, That we fail not man nor Thee." Our accomplishments have been adequate in the past. The future demands that at last we match the greatness of our Georgia people. Senator Coggin of the 35th moved that the Joint Session be now dissolved and the motion prevailed. The President of the Senate announced the Joint Session dissolved. The Speaker called the House to order. MONDAY, JANUARY 14, 1974 57 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. 58 JOURNAL OP THE HOUSE, Representative Hall, Atlanta, Georgia Tuesday, January 15, 1974 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. This being a day of special remembrance of the late Speaker George L. Smith II, the Reverend Vernard Robertson, Superintendent of Epworth-by-the-Sea, United Methodist Church, and former pastor of the late Speaker offered the following' prayer: Our Heavenly Father, we would know Thee better that we might love Thee more, and thus be more useful to our fellow men. We thank Thee for the newly elected Speaker and Speaker Pro Tern of the House. Touch them, and the other members of this Body, with Thy Holy Spirit that their faith may be revived, their hope renewed and their vision made clear and challenging. Give to them the conviction that with Thy help all things are possible. We thank Thee that this Body unites in paying tribute to the former Speaker, the late George L. Smith II who was humble before Thee. We thank Thee for his understanding heart, his dedicated leadership and nobility of character. We thank Thee for the memory of such a great leader among us. Give us now Thy Spirit to guide and direct our thinking so that when the 1974 session of the Georgia General Assembly comes to a close we may merit Thy favor and that this session may prove to be one of the most fruitful and productive in Georgia's history. We pray through Jesus Christ, Our Lord. AMEN. The roll was called and the following Representatives answered to their names: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham 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 Castleberrv Chance Clark Cole Coleman Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent TUESDAY, JANUARY 15, 1974 59 Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Hatcher Harris, J. F. Harris, J. R. Harrison Hawes Hayes Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell 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 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. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Ross Rush Russell, J. Russell. W. D. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, J. A. Whitmire Williams Willis WT ilson, J. M. Wilson, M. L. Wood Mr. Speaker 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. 60 JOURNAL OF THE HOUSE, By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1240. By Messrs. Williams of the 9th, Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act fixing the compensation and allowances of certain State officials, so as to change the salary of the members of the General Assembly; to change the salary of the Speaker of the House of Representatives; to change the salary of the President Pro Tempore of the Senate; and for other purposes. Referred to the Committee on State of Republic. HB 1241. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to create a State Boxing Commission; to provide the jurisdiction, duties and authority of said Commission; and for other purposes. Referred to the Committee on Recreation. HB 1242. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to amend an Act relating to licensing of dealers in pistols and short barreled firearms, so as to change the provisions relative to the length of short barreled firearms; and for other purposes. Referred to the Committee on Special Judiciary. TUESDAY, JANUARY 15, 1974 61 HB 1243. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission of, or the attempt to commit, any felony, so as to change the provisions relative to punishment; to provide a penalty for possession of a firearm after conviction of a crime punishable by confinement and labor in the penitentiary; and for other purposes. Referred to the Committee on Special Judiciary. HB 1244. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to amend Code Chapter 88-10, relating to food service establishments, so as to provide for tuberculosis tests for certain persons working in food service establishments; and for other purposes. Referred to the Committee on Health & Ecology. HB 1245. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to amend an Act known as the 'Georgia Firearms and Weapons Act', so as to change the definition of the term 'sawed-off shotgun'; and for other purposes. Referred to the Committee on Special Judiciary. HR 439-1245. By Messrs. Lane of the 40th and Adams of the 36th: A Resolution proposing an amendment to the Constitution so as to exclude retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000; and for other purposes. Referred to the Committee on Ways and Means. HR 440-1245. By Messrs. Lane of the 40th and Adams of the 36th: A Resolution proposing an amendment to the Constitution so as to provide that any increase in the salary of any elected State, county or municipal officer shall not affect the officers then in Commission; and for other purposes. Referred to the Committee on State of Republic. HR 441-1245. By Mr. Lane of the 40th: A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of East Point who are 65 years of age or over or who are totally disabled and who have an income from all sources, 62 JOURNAL OF THE HOUSE, including the income of certain members of the family, not exceeding$5,000 per annum, shall be granted a homestead exemption of $5,000 from ad valorem taxation by said City; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1246. 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 the municipalities of this State; to provide for a committee to advise on such standards; to specify certain members of said advisory committee; and for other purposes. Referred to the Committee on Ways and Means. HB 1247. 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 the counties of this State; to provide for a committee to advise on such standards; to specify certain members of said advisory committee; and for other purposes. Referred to the Committee on Ways and Means. HB 1248. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, so as to change the provisions relative to the selecting of members of area planning and development commissions; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1249. By Mr. Atherton of the 19th : A Bill to be entitled an Act to amend an Act authorizing the State Personnel Board to provide a health insurance plan for employees of the State of Georgia, so as to authorize the State Personnel Board and the various Area Planning and Development Commissions of the State to contract for the inclusion within any health insurance plan of the employees of any such Area Planning and Development Commission desiring to do so; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1250. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia TUESDAY, JANUARY 15, 1974 63 Income Tax, and exemptions and deductions thereunder (the Georgia Income Tax Act of 1931, as amended), so as to provide a tax credit or refund for certain taxpayers for sales taxes paid by said taxpayers; and for other purposes. Referred to the Committee on Ways and Means. HB 1251. By Messrs. Walker of the 100th, Hawes of the 43rd and Russell of the 62nd: A Bill to be entitled an Act to amend an Act known as the "Georgia Industrial Loan Act", so as to provide for the removal from record of certain deeds to secure debt, financing statements, personalty mortgages or other instruments; to provide grounds for suspension or revocation of license in connection therewith; and for other purposes. Referred to the Committee on Judiciary. HB 1252. By Mr. Walker of the 100th : A Bill to be entitled an Act to amend Code Section 49-605, relative to duties of the ordinary in connection with discharge from treatment facility, termination of guardianship and restoration to mental health, so as to change the provisions relative to restoration to mental health; and for other purposes. Referred to the Committee on Health and Ecology. HB 1253. By Mr. Walker of the 100th: A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for all of the various moving traffic violations and providing for the revocation and suspension of driver's licenses, so as to provide that the wilful failure of any judge or clerk to prepare certain abstracts which are required to be forwarded to the Department of Public Safety shall constitute malpractice in office; and for other purposes. Referred to the Committee on Motor Vehicles. HR 445-1253. By Mr. Walker of the 100th: A Resolution proposing an amendment to the Constitution so as to change the name and designation of the office of Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively; and for other purposes. Referred to the Committee on Judiciary. HB 1254. By Mr. Patten of the 124th : A Bill to be entitled an Act to require a refund value for certain 64 JOURNAL OF THE HOUSE, beverage containers sold or offered for sale in this State; to provide refund values; to require dealers and distributors to accept certain beverage containers; and for other purposes. Referred to the Committee on Industry. HB 1255. By Mr. Sams of the 83rd: A Bill to be entitled an Act to amend Code Chapter 27-24, relating to the report of testimony in criminal prosecutions, so as to provide that in those cases wherein the testimony given in a criminal trial has been taken down or recorded by a court reporter and no appeal is entered in such a case, the testimony and proceedings in such a case shall not be transcribed by the court reporter unless subsequently ordered to do so by the court; and for other purposes. Referred to the Committee on Special Judiciary. HB 1256. By Messrs. Lowrey of the 15th, Toles of the 16th and Adams of the 14th: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that agricultural tractors sold in this state after a certain date shall be equipped with rollover protective structures; and for other purposes. Referred to the Committee on Agriculture. HB 1257. By Messrs. Toles of the 16th, Lowrey of the 15th, and Adams of the 14th: A Bill to be entitled an Act to provide that the standard time to be observed within the State of Georgia and by all governmental agencies, governmental units and political subdivisions thereof for certain periods during the 1974 and 1975 calendar years shall be based on the mean solar time of the seventy-fifth degree of longitude west from Greenwich; and for other purposes. Referred to the Committee on State of Republic. HB 1258. By Messrs. Burton of the 47th, Larsen of the 27th, McKinney of the 35th, Bennett of the 124th, Shepherd of the 28th, Brown of the 67th and Horton of the 43rd: A Bill to be entitled an Act to create the State Board of Examiners of Water Well Contractors; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1259. By Messrs. Odom, Hatcher, Busbee and Hutchinson of the 114th: A Bill to be entitled an Act to amend an Act placing certain of the TUESDAY, JANUARY 15, 1974 65 county officers of Dougherty County upon an annual salary, so as to change the salary of the sheriff of Dougherty County; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1260. By Messrs. Morgan of the 70th, Smith of the 74th and Adams of the 36th: A Bill to be entitled an Act to amend an Act making it unlawful to alter the suspension system of any private passenger motor vehicle, so as to provide that it shall be unlawful to operate any private passenger motor vehicle upon which the suspension system has been altered more than two inches above or below the factory recommendation for any such vehicle; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1261. ByMr. Busbee of the 114th: A Bill to be entitled an Act to provide procedures for public disclosure of contributions and expenditures made in connection with campaigns for the offices of Governor and Lieutenant Governor; and for other purposes. Referred to the Committee on State of Republic. HB 1262. By Mr. Reaves of the 124th : A Bill to be entitled an Act to amend Code Title 62, relating to livestock, so as to substantially revise, modernize and supersede Code Chapter 62-1, relating to marks and brands; to establish within the Department of Agriculture a Division of Marks and Brands; and for other purposes. Referred to the Committee on Agriculture. HB 1263. By Mr. Reaves of the 124th : A Bill to be entitled an Act to amend Code Chapter 26-18, relating to theft, so as to provide for the crime of livestock theft; and for other purposes. Referred to the Committee on Special Judiciary. HB 1264. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend Code Chapter 56-24, relating to the insurance contracts in general, so as to provide that no policy of liability insurance shall be issued or delivered in this State unless it contains provisions to the effect that the insolvency or bankruptcy of 66 JOURNAL OF THE HOUSE, the insured shall not release the insurer from payment of damages; and for other purposes. Referred to the Committee on Insurance. HB 1265. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide that no policy of liability insurance shall be issued or delivered in this State unless it contains provisions to the effect that the insolvency or bankruptcy of the insured shall not release the insurer from payment of damages; and for other purposes. Referred to the Committee on Insurance. HB 1266. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend Code Chapter 34-8, relating to dates of primaries and elections and to special elections, so as to limit the number of polls that must be open in certain special elections; and for other purposes. Referred to the Committee on State of Republic. HB 1267. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend Code Section 26-2904, relating to the issuance of licenses to carry a pistol or revolver, so as to authorize the ordinary of each county to destroy the records relating to the issuance of a license five years after the issuance of such license; and for other purposes. Referred to the Committee on Special Judiciary. HB 1268. By Messrs. Rogers and Harden of the 128th : A Bill to be entitled an Act to amend an Act creating the Public School Employees' Retirement System, so as to authorize certain persons to be employed as public school employees, to become members and to establish prior service credits under the Retirement System; and for other purposes. Referred to the Committee on Retirement. HB 1269. By Messrs. Rogers and Harden of the 128th: 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 no person shall operate a motor vehicle while wearing certain devices; and for other purposes. Referred to the Committee on Motor Vehicles. TUESDAY, JANUARY 15, 1974 67 HB 1270. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to provide that it shall be unlawful for any person to purchase gasoline for use in a motor vehicle unless that person displays a valid driver's license regularly issued to him to the filling station attendant or owner; to provide that it shall be unlawful for any person to sell gasoline for use in a motor vehicle unless the person making the purchase has displayed a valid driver's license; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1271. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to authorize the Governor to reduce the speed limits provided for in said Act upon a proclamation citing a "State of Emergency"; to provide that such reduction shall not extend beyond the date of adjournment of the next succeeding session of the General Assembly after the issuance of the proclamation; and for other purposes. Referred to the Committee on Highways. HB 1272. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to amend Code Section 92-3107, relating to taxable net income for individual State income tax purposes, so as to provide that certain retirement allowances or benefits received as a result of service as a member of the armed forces of the U. S. will not be included within net taxable income for Georgia income tax purposes; and for other purposes. Referred to the Committee on Ways and Means. HB 1273. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to regulate locksmiths and keymakers; to define certain terms; to provide that no locksmith or keymaker may lawfully duplicate any key unless such key bears his identification; to make it unlawful for locksmiths and keymakers to impair the security of locks; to provide that it shall be unlawful to make or cause to be made or duplicate master keys except under certain circumstances; and for other purposes. Referred to the Committee on Industry. HB 1274. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to amend an Act providing that all meetings of any State department, agency, board, bureau, commission or political subdivision at which certain actions are to be taken are declared to be public meetings and shall be open to the public, so as to require notifica- 68 JOURNAL OF THE HOUSE, tion of newspapers, raido stations and television stations of certain meetings; and for other purposes. Referred to the Committee on Judiciary. HB 1275. By Messrs. Savage of the 30th, Floyd of the 56th, Russell of the 62nd, Bennett of the 124th, Irvin of the 23rd, Lane of the 40th and Beckham of the 82nd: A Bill to be entitled an Act to amend Code Chapter 34-10A, known as the "Georgia Presidential Preference Primary Law", so as to change the date of such presidential preference primary; and for other purposes. Referred to the Committee on State of Republic. HB 1276. By Messrs. Savage of the 30th, Hays of the 1st, Russell of the 53rd, Floyd of the 56th, Hudson of the 115th, Irvin of the 23rd, Twiggs of the 4th and others: A Bill to be entitled an Act to provide certain standards for the construction of curbs on each side of city streets; to require curb ramps for handicapped persons; and for other purposes. Referred to the Committee on Highways. HB 1277. By Mr. Toles of the 16th: A Bill to be entitled an Act to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for the taking of an oath; and for other purposes. Referred to the Committee on Judiciary. HB 1278. By Mr. Patten of the 124th: A Bill to be entitled an Act to amend an Act incorporating the City of Lakeland so as to change the provisions relating to the election of the mayor and alderman of the City of Lakeland; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1279. By Messrs. Evans of the 89th and Russell of the 62nd: A Bill to be entitled an Act to amend the 'Uniform Act Regulating Traffic on Highways', so as to authorize the court to allow certain persons convicted of operating motor vehicles under the influence of intoxicating liquor or drugs to operate motor vehicles while engaged in their employment; and for other purposes. Referred to the Committee on Motor Vehicles. TUESDAY, JANUARY 15, 1974 69 HB 1280. By Mr. Harris of the 51st: A Bill to be entitled an Act to create a House legislative ethics committee and a Senate legislative ethics committee; to provide for membership on such committees; and for other purposes. Referred to the Committee on State of Republic. HB 1281. By Mr. Harris of the 51st: A Bill to be entitled an Act to protect against conflict of interest and unethical conduct on the part of public officials and employees; to require the filing of disclosure statements; and for other purposes. Referred to the Committee on State of Republic. HB 1282. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for certain exemptions from the tax imposed by said Act; and for other purposes. Referred to the Committee on Ways and Means. HB 1283. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law" of Georgia, so as to prohibit banks, national banks whose principal office is located in the State, building and loan associations, savings and loan associations, federal savings and loan associations located in the State and other banking organizations from conducting certain promotional campaigns; and for other purposes. Referred to the Committee on Banks and Banking. HB 1284. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Chapter 27-9, relating to bail, so as to provide for release prior to trial of persons charged with certain offenses; and for other purposes. Referred to the Committee on Judiciary. HB 1285. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act relating to classification of intangible personal property for taxation and the levy of taxes on such property, so as to repeal the provisions relating to a tax levy on the fair market value of all money; and for other purposes. Referred to the Committee on Ways and Means. 70 JOURNAL OP THE HOUSE, HB 1286. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act approved March 29, 1973, known as the "Unemployment Compensation Law", so as to provide certain penalties for nonpayment of contributions due; and for other purposes. Referred to the Committee on Industry. HB 1287. By Mr. Harris of the 51st: A Bill to be entitled an Act to provide authorization in certain instances for destruction of notes taken by court reporters; to provide for a petition to the trial court authorizing such destruction; to provide for the contents of a petition; and for other purposes. Referred to the Committee on Judiciarv. HB 1288. By Mr. Brown of the 67th: A Bill to be entitled an Act to amend Code Section 53-503, providing a wife is a feme sole as to her separate estate, so as to authorize a married woman to act as a surety on bail bonds in criminal cases for her husband or children; and for other purposes. Referred to the Committee on Special Judiciary. HB 1289. By Messrs. Petro of the 46th, Wall of the 61st and Whitmire of the 9th: 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 Code of Georgia, relating to pharmacy, pharmacists and drugs, so as to provide that any person eighteen years of age or older who unlawfully sells a narcotic drug to a person less than eighteen years of age shall be punished by death; and for other purposes. Referred to the Committee on Judiciary. HB 1290. By Messrs. Odom of the 114th, Adams of the 14th, Savage of the 30th and Lane of the 40th: A Bill to be entitled an Act to provide that an individual who holds elective office may not qualify for another public office unless first tendering his resignation; to provide that said resignation shall be prospectively effected; and for other purposes. Referred to the Committee on State of Republic. HB 1291. By Mr. Carlisle of the 67th: A Bill to be entitled an Act to amend an Act known as the "Sedition TUESDAY, JANUARY 15, 1974 71 and Subversive Activities Act of 1953", so as to change the provision relating to the written questionnaire; and for other purposes. Referred to the Committee on Judiciary. HB 1292. By Messrs. Carlisle and Brown of the 67th, Northcutt, Bailey and Johnson of the 68th : A Bill to be entitled an Act to amend Code Section 68-201 relating to registration and license of motor vehicles and chauffeurs, so as to exempt certain motorized carts from the provisions of said Code Section; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1293. By Mr. Carlisle of the 67th: A Bill to be entitled an Act to amend Code Section 34-1402, relating to applications for absentee ballots, so as to change the provisions relative to certification of physical disability; and for other purposes. Referred to the Committee on State of Republic. HB 1294. By Mr. Lewis of the 77th: A Bill to be entitled an Act to provide for the imposition of the death penalty in cases involving murder or armed robbery; and for other purposes. Referred to the Committee on Judiciary. HB 1295. By Mr. Geisinger of the 44th: A Bill to be entitled an Act to impose a local income tax upon each resident of each county; to authorize counties and certain municipalities to increase such local income tax under certain conditions; to provide for the administration and collection of such taxes; and for other purposes. Referred to the Committee on Ways and Means. HR 446-1295. By Mr. Geisinger of the 44th : A Resolution proposing an amendment to the Constitution so as to provide for an exemption of the full value of the homestead of each citizen of Georgia from all ad valorem taxation for State, county, municipal and school purposes and to authorize the use of any State or local funds for any governmental purposes, including the support and maintenance of education, as may be provided by law; and for other purposes. Referred to the Committee on Ways and Means. 72 JOURNAL OF THE HOUSE, HB 1296. By Mr. Geisinger of the 44th: 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; to provide for certain exemptions from the tax imposed by said Act; and for other purposes. Referred to the Committee on Ways and Means. HB 1297. By Mr. Geisinger of the 44th : A Bill to be entitled an Act to amend an Act known as the "Development Authorities Law", so as to change the definition of "project" as applied to the development authorities of certain counties and municipalities of this State; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1298. By Messrs. Geisinger of the 44th and Collins of the 45th: A Bill to be entitled an Act to provide any labor organization shall be responsible for the actions of their members; to define "labor organization" ; and for other purposes. Referred to the Committee on Industrial Relations. HR 447-1298. By Mr. Geisinger of the 44th: A Resolution creating the Revenue Potential Study Committee; and for other purposes. Referred to the Committee on Ways and Means. HR 448-1298. By Mr. Dean of the 54th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of violent crime; and for other purposes. Referred to the Committee on Judiciary. HR 449-1298. By Messrs. Colwell of the 4th, Toles of the 16th, Jones of the 109th, Whitmire of the 9th, Carrell of the 71st, McDonald of the 12th, Rainey of the 115th, Adams of the 36th and others: A Resolution proposing an amendment to the Constitution so as to create the Board of Offender Rehabilitation in lieu of the State Board of Corrections and the office of Commissioner of Offender Rehabilitation in lieu of Director of Corrections; and for other purposes. Referred to the Committee on State Institutions & Property. TUESDAY, JANUARY 15, 1974 73 HR 450-1298. By Messrs. Brown and Carlisle of the 67th: A Resolution relieving the surety on a certain bond within the State Court of Spalding County; and for other purposes. Referred to the Committee on Judiciary. HR 451-1298. By Messrs. Pearce of the 87th, Berry of the 86th, Davis of the 85th, Adams of the 84th, Buck of the 87th and Thompson of the 86th: A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Muscogee County School District who is 62 years of age or over and has a limited income shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HR 452-1298. By Messrs. Pearce of the 87th, Berry of the 86th, Adams of the 84th, Buck of the 87th and Thompson of the 86th: A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Muscogee County School District shall be granted a $2,000 homestead exemption from ad valorem taxation for school purposes; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HR 453-1298. By Mr. Rush of the 104th: A Resolution proposing an amendment to the Constitution so as to provide that the Governor shall not have the power to veto any bill or resolution passed by a vote of two-thirds or more of the members of each House of the General Assembly; and for other purposes. Referred to the Committee on Judiciary. HR 454-1298. By Messrs. Rogers and Harden of the 128th: A Resolution compensating Mr. Joseph P. Barone; and for other purposes. Referred to the Committee on Appropriations. HR 455-1298. By Messrs. Collins of the 45th and Larsen of the 27th: A Resolution creating the Government Regulation of Private Business Study Committee; and for other purposes. Referred to the Committee on Industry. 74 JOURNAL OF THE HOUSE, HR 456-1298. By Messrs. Collins of the 45th, Larsen of the 27th and Burton of the 47th: A Resolution creating the Endangered Species Study Committee; and for other purposes. Referred to the Committee on Natural Resources. HR 457-1298. By Messrs. Matthews and Collins of the 122nd, Patten of the 123rd and Patten of the 124th: A Resolution pertaining to standard time; and for other purposes. Referred to the Committee on State of Republic. HB 1299. By Mr. Adams of the 14th : A Bill to be entitled an Act to amend an Act regulating the sale of admission tickets to athletic contests of the colleges in the University System of Georgia, so as to repeal the provisions of said Act which make the sale of such tickets in any unauthorized place or manner unlawful; and for other purposes. Referred to the Committee on University System of Georgia. HB 1300. By Mr. Adams of the 14th : A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the provisions relative to credit for prior service in connection with longevity increases in compensation; and for other purposes. Referred to the Committee on Retirement. HB 1301. By Messrs. Strickland of the 116th and Eraser of the 117th : A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to provide for retirement benefits for certain members of the Georgia National Guard; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. HR 458-1301. By Messrs. Strickland of the 116th and Eraser of the 117th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for retirement benefits for members of the Georgia National Guard; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. TUESDAY, JANUARY 15, 1974 75 HB 1302. By Mr. Brantley of the 92nd: A Bill to be entitled an Act to amend Code Section 47-101, relating1 to the apportionment of the House of Representatives, so as to change and clarify the composition of certain Representative Districts; and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. HB 1303. By Mr. Levitas of the 50th: A Bill to be entitled an Act to amend an Act known as "The Municipal Home Rule Act of 1965", so as to change the provisions relative to fixing the compensation of members of the'governing authorities of municipalities; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1304. By Messrs. Buck of the 87th, Berry of the 86th, Pearce of the 87th and Thompson of the 86th: A Bill to be entitled an Act to amend an Act providing a supplement to the salary of the District Attorney of the Chattahoochee Judicial Circuit, so as to delete therefrom the limitations upon the amount of the supplement specified; and for other purposes. Referred to the Committee on Judiciary. HB 1305. By Mr. Wheeler of the 13th: A Bill to be entitled an Act to amend Code Section 95A-959, relating to weights of vehicles and loads, so as to change certain exception provisions; to change the gross weight provisions; to provide an exception for the hauling of granite from the quarry to the processing plant; and for other purposes. Referred to the Committee on Highways. HB 1306. By Mr. Wheeler of the 13th : A Bill to be entitled an Act to amend an Act prohibiting the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted with heat-treated glass lenses, plastic lenses or laminated lenses, so as to delete the provision prohibiting the distribution, sale or delivery of prescription eyeglasses or sunglasses unless such eyeglasses or sunglasses are fitted with lenses which meet certain requirements; and for other purposes. Referred to the Committee on Health & Ecology. 76 JOURNAL OF THE HOUSE, HB 1307. By Messrs. Groover of the 75th, Brown, Berlin and Dickey of the 89th: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for creditable service for certain members who were employees of certain probation offices; to provide the procedures connected therewith; and for other purposes. Referred to the Committee on Retirement. HB 1308. By Messrs. Brown, Coney, Evans, Berlin, Dickey and Pinkston of the 89th: A Bill to be entitled an Act to authorize the district attorneys of the superior courts in certain counties to appoint certain investigators; to provide for the compensation of such investigators; to define the duties and powers and authority of such investigators; to provide that one investigator shall be chief investigator and to define his powers and functions; and for other purposes. Referred to the Committee on Special Judiciary. By unanimous consent, the following Bill and Resolutions of the House were read the second time: HB 1239. By Mr. Russell of the 53rd: A Bill to be entitled an Act to amend Code Section 102-102, relating to general rules of construction for statutes, so as to provide that a court shall use the appropriate gender, when male or female, in its deliberations, consideration and application of any statutes of this State; and for other purposes. HR 431-1239. By Mr. Russell of the 53rd: A Resolution proposing an amendment to the Constitution so as to provide that the judges of the superior court within a judicial circuit shall have the authority to create a family court within their respective judicial circuits; and for other purposes. HR 432-1239. By Mr. Russell of the 53rd: A Resolution creating the Family Court Study Commission; and for other purposes. HR 433-1239. By Mr. Russell of the 53rd: A Resolution creating the Central Pre-Adult Shelter Study Committee; and for other purposes. TUESDAY, JANUARY 15, 1974 77 Mr. Howell of the 118th District, Chairman of the Committee on State of Republic submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the following Bills and Resolutions of the House and has instructed me to report same back to the House with the following recommendations: HR 174-670. Do Pass, by Substitute. HR 43-135. Do Not Pass. HR 56-161. Do Not Pass. HB 229. Do Not Pass. HB 43. Do Not Pass. HB 212. Do Not Pass. HB 187. Do Pass, by Substitute. HB 979. Do Pass. Respectfully submitted, Howell of the 118th, Chairman. Mr. Roach of the 8th District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bill and Resolutions of the House and has instructed me to report same back to the House with the following recommendations: HB 860. Do Pass. HR 239-942. Do Pass, as Amended. HR 82-280. Do Not Pass. HR 32-98. Do Not Pass. Respectfully submitted, Roach of the 8th, Chairman, 78 JOURNAL OF THE HOUSE, Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 93. Do Pass, by Substitute. HB 235. Do Pass, by Substitute. Respectfully submitted, Snow of the 1st, Chairman. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit: SR 148. By Senators Kidd of the 25th, Cox of the 21st, and Gillis of the 20th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of $250,000 to the first person, firm or corporation which establishes a plant for the commercial production of aluminum ore from kaolin and produces a minimum of 300,000 tons annually; and for other purposes. By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee on Industry: SR 148. By Senators Kidd of the 25th, Cox of the 21st and Gillis of the 20th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the payment of $250,000 to the first person, firm or corporation, or combination thereof, which establishes a plant for the commercial production of aluminum ore (alumina or aluminum chloride) from kaolin mined in Georgia and produces a minimum of 300,000 tons during the first 12 months of operation; and for other purposes. TUESDAY, JANUARY 15, 1974 79 The following- Resolution of the Senate was read and adopted: SR 248. By Senator Holley of the 22nd: A RESOLUTION To notify the House of Representatives that the Senate has convened; and for other purposes. BE IT RESOLVED BY THE SENATE that the Secretary of the Senate is hereby instructed to notify the House of Representatives that the Senate has convened in regular session and is now ready for the transaction of business. The following Resolution of the House was read and referred to the Committee on Rules: HR 459. By Messrs. Egan of the 25th, Burton of the 47th, Wilson of the 19th, Duke of the 20th and others: A RESOLUTION To amend the Rules of the House of Representatives; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House are hereby amended as follows: By adding1 at the end of Rule 28, the following: "Provided, however, that there shall be a roll call vote on all general bills and resolutions intended to have the effect of law.", so that when so amended, Rule 28 shall read as follows: "Rule 28. The Speaker may at any time order the roll called on any question, and take the vote by yeas and nays, unless otherwise ordered by the House. Provided, however, that there shall be a roll call vote on all general bills and resolutions intended to have the effect of law." The following Resolution of the House was read and adopted: 80 JOURNAL OP THE HOUSE, HE 466. By Messrs. Murphy of the 18th, Busbee of the 114th, Burruss of the 21st, Connell of the 80th, Lambert of the 97th, Edwards of the 95th and many', many others: A RESOLUTION Expressing regrets at the passing of Honorable Geo. L. Smith II; and for other purposes. WHEREAS, Honorable Geo. L. Smith II, Speaker, Georgia House of Representatives, passed away on December 9, 1973; and WHEREAS, he was born in Stillmore, Emanuel County, Georgia, on November 27, 1912, the son of the late Dr. D. D. Smith and Mrs. Gladys Wilder Smith of Emanuel County; and WHEREAS, he was a graduate of Swainsboro High School and the University of Georgia Law School and a member of the First United Methodist Church of Swainsboro; and WHEREAS, among the many organizations in which he held membership and among the many honors he received are the following: Mason, Shriner, Swainsboro Exchange Club, Delta Tau Delta Fraternity, Blue Key, State President of the Junior Chamber of Commerce, Board of Governors of the Georgia Bar Association, State Democratic Executive Committee, President of the National Conference of State Legislative Leaders, Solicitor of the City Court of Swainsboro and City At- torney of the City of Swainsboro; and WHEREAS, in 1962 he was presented the annual award for outstanding contributions to agriculture by the Alumni Association of the University of Georgia's College of Agriculture; and WHEREAS, of the many things he did for his home county, perhaps the one which pleased him most was the influential part he played in the establishment of the Emanuel County Junior College; and WHEREAS, he was first elected to the House of Representatives from Emanuel County in 1945 and served continuously as a member of that body until his death; and WHEREAS, he served as Speaker Pro Tempore from 1947 to 1954, as Speaker from 1959 through 1962, as Majority Whip from 1963 through 1966, and he was again elected Speaker in 1967 by an independent House of Representatives and was reelected in 1969, 1971 and 1973; and WHEREAS, he served as Speaker of the House of Representatives longer than any other person in the history of the State of Georgia, and was recognized throughout the United States as the most outstanding presiding officer in the country; and WHEREAS, his love for the House of Representatives was well known, and he considered the position of Speaker as the ultimate goal, TUESDAY, JANUARY 15, 1974 81 desiring to possess no other office and believing it to be the best position a person could have; and WHEREAS, he had great pride in the House of Representatives, taking deliberate steps to improve the legislative image and the legislative process, and he was quick to defend the House and its members against all comers; and WHEREAS, his fairness and his dedication to the cause of an orderly legislative process endeared him to all members of the House; and WHEREAS, "Mr. Speaker", as he was affectionately known, always had the best interests of his State at heart, and some of the most constructive legislation to be passed in this century is law today because of his support and leadership; and WHEREAS, all the members of this body have lost a true and valued friend; and WHEREAS, he is survived by his wife, Mrs. Frances McWhorter "Sally" Smith; his daughter, Miss Sally Smith; two sisters, Mrs. M. B. Price of Swainsboro and Mrs. Roy Edenfield of Reidsville; and a brother, Dr. H. Wilder Smith of Swainsboro. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby express their deepest regrets at the passing of Honorable Geo. L. Smith II, and by this resolution evidence their love, respect and admiration for him. All the members of this body extend their heartfelt expressions of sympathy to his wife, to his daughter, and to the other members of his family. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution to Mrs. Smith, Miss Smith, Mrs. Price, Mrs. Edenfield, and Dr. Smith. With reference to the adoption of HR 466, the following members gave eulogies in honor of the former Speaker, the late George L. Smith II: Messrs. Busbee of the 114th, Egan of the 25th, McCracken of the 77th, Lambert of the 97th, Phillips of the 103rd, Greer of the 43rd, Patten of the 123rd, Brantley of the 92nd, Carr of the 90th, Farrar of the 52nd, Gignilliat of the 105th, Jordan of the 58th, Mullinax of the 65th, Groover of the 75th, Brown of the 34th, Howard of the 19th, Williams of the 9th, Rush of the 104th, Matthews of the 62nd, Snow of the 1st, Toles of the 16th, Floyd of the 5th and the Speaker, the Honorable Thomas B. Murphy. Mr. Lewis of the 77th asked unanimous consent that eulogies presented in 82 JOURNAL OP THE HOUSE, written form to the Clerk appear in the House Journal at the request of the respective authors. The consent was granted. The following- eulogy by Mr. Lewis of the 77th was received: Mr. Speaker: The setting- aside of this legislative day for the remembrance and eulogizing- of George L. Smith, our late speaker of the Georgia House of Representatives is, of course, just and proper. The citizens of Burke and Jefferson Counties being neighbors of the late Speaker had a great fondness and affection for him. While the Speaker always considered issues and legislation on a state-wide basis, over a long period of years, he contributed greatly to the civic and political life in our section of Georgia. He was always willing and able to help our area and its public officials with their problems in state government. It was a source of pride to all the citizens of our area to come to the State House and visit with the distinguished Speaker of the Georgia House. The Speaker and his staff always took time to recognize and be of service to them on these visits. On the night of my first election to membership of this august body, I received a telephone call from the Speaker offering his congratulations and assistance; and during my entire period of service, I never received anything but help and good sound advice from him. To his family he gave his love and to his beloved state he gave a full measure of his energies, devotion and dedication. Yes, Mr. Speaker, the people of our area and the citizens of this great state have lost a distinguished statesman, a Christian gentleman, a dedicated American and a great Speaker of the House of Representatives. The following eulogy by Mr. Nessmith of the 76th was received: In Southeastern Georgia I knew George L. Smith as a neighbor. Bulloch County and Emanuel County people have had much in common for years and years our industry, our agriculture, our educational programs. But then again George was the type of person who was a neighbor of everybody North Georgians, South Georgians, people from other areas. TUESDAY, JANUARY 15, 1974 83 When I entered the General Assembly, George was already an established leader. I recall in those first years how much George helped me in learning- legislative operations. He was an humble and quiet man but a man who loved to help his fellow human beings. He was never too busy to talk to you if you needed advice. I don't ever remember the door to his office closed to me or anyone else. One of George's greatest virtues was patience. Even in times when great pressures of State business were on him, he did not rush into decisions or let himself be guided by rash judgment. In the hottest debates on the House of Representatives floor, he remained calm. If he saw unnecessary friction on the House floor between legislators, he would calmly invite the participants to his office. There they would sit as gentlemen and settle their differences. George L. Smith was a gentleman. He respected the feelings of other people. I never knew him to utter an unkind word about anyone. He never took advantage of another person's weaknesses. I knew George as a devoted family man. His wife, Sally, and their daughter, little Sally, were constantly at his side. George often said, "I have three loves in my life, my family, my church, and the Georgia House of Representatives." George L. Smith was a deeply religious man. He lived by the Golden Rule. He did not make a scene of his religious beliefs but carried them out in his dealings with his fellow man. George had no hatred for anyone. He was forgiving and he was respectful. As a legislative leader, he was outstanding. I truly think he was the greatest Speaker in the nation. Legislators across the country thought so, too, because they honored him with the presidency of the legislators' national conference. George stood tall in victory and defeat. In 1963 when an incoming gubernatorial administration selected its own Speaker and sent George to the background, he took the setback patiently. But it must have given him even more desire to fight for an independent House of Representatives, free from the dictates of any governmental official and answerable only to the people of Georgia. I joined George in this fight for House independence and in 1967 we truly established an independent House. No longer would a legislator be removed from a key committee because he did not happen to vote as someone wished on certain pieces of legislation. 84 JOURNAL OP THE HOUSE, George L. Smith was a man of principle. He would never sacrifice principle even in the darkest hours of bargaining over legislation. He knew how to say "no" in a forceful manner if he knew he was right. But this did not mean that George was a stubborn man who would not listen to good advice. He listened to people and weighed their words. I have lost a neighbor, a fellow House member, and a great Speaker. But George has left "gifts of wisdom" to me, to my fellow legislators, and to Georgians everywhere that will make us better servants as we go about the business of molding a better Georgia. The following eulogy by Mr. Patten of the 123rd was received: I rise to give a personal tribute to the memory of a great man and a good friend. He was a great Speaker of the House and was a power force for good in this State. He was a dear friend. His counsel and advice to me from the time I became a member of this body was kind and wise. An example of the nature of this man was his taking time from his busy schedule to attend the Centennial Celebration of the establishment of the City of Adel in Cook County held last summer. Of the events of last summer, some might say this celebration was insignificant, but to the people of Adel it was important. He recognized the importance of this celebration to the people of Adel and took part in the celebration. He demonstrated his sense of humor by allowing himself to be placed in the wooden jail for dignitaries attending the celebration. I will cherish the memory of his participation in the Adel Centennial Celebration along with all the other fond memories of this fine man, the gentleman from Emanuel. The following eulogy by Mr. Groover of the 75th was received: Mr. Speaker, ladies and gentlemen of the House. I have silently shared with you the sorrow, the tears and the heartbreak of George L's loss. Now it comes the time, however, to lay aside the crepe of sorrow and to pay tribute, and in so paying tribute to enjoy the warmth and gratitude for ourselves of his greatness, in that he was here not only for ourselves, but for all Georgians. How came this man? George L was not always a great man, but he had the quality of greatness. George L was not always a giant, but he had the ability to grow. I remember when I first came here in 1953, the major efforts of his battle was to maintain open ranges in Southeast Georgia for cattle. A TUESDAY, JANUARY 15, 1974 85 more reactionary and conservative philosophy than none of us could now imagine. And I remember almost his last public endeavor in the well of this House: for early education. It was those things that demonstrated his ability to grow, that demonstrated his greatness. What made him great? It was the heat from the passion of the love of this House that forged the steel that made him great. It was the pride in this House and all of Georgia that furnished the nourishment that made him a giant. The moving finger writes and having writ moves on. All our piety or wit can recall a single line nor all our tears wash away a word of it. Such are the recorded pages of George's public life that none of us would recall a single line or wash away a word because he has given this Body its independence, and in so doing has created for Georgians something of which to be proud. In days and months and perhaps years yet to come, there will be efforts to memorialize him in concrete and marble, and granite perhaps. But I suggest to you that this Body you members and those yet to come in this Hall forms the greatest living, warm memorial; for so long as there is deliberation in the legislative process, freed of those shackles from which he helped you break, this Body, this Hall, will be the greatest memorial that could be George L's. And so long as his spirit sits figuratively in this Body, you and I and all of Georgia will be better because he was here. The following eulogy by Mr. Brown of the 89th was received: Although I did not have the pleasure of knowing "Mr. Speaker" for a great length of time, and for that I am sorry, I did learn to know him as a great friend and a great man in the short time I knew him. I miss him as we all do and am inspired by his example and the task he has left us to uphold his principles of integrity and decorum. The following eulogy by Mr. Snow of the 1st was received: Mr. Speaker, Ladies and Gentlemen of the House. Happy memories and recollections of the past go with us and bring joy to us that we have had the opportunity to know and have fellowship with this great man George L. Smith II. He was a man who spoke quietly but firmly and he said in simple and clearly understandable terms what was on his mind. He was sincere; he was humble; and to this House and all of us he was a friend. 86 JOURNAL OF THE HOUSE, The following communication was received and read: HOUSE OF REPRESENTATIVES Atlanta, Georgia January 14, 1974 Honorable Glenn W. Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia Dear Jack: This is to advise you that I am appointing Honorable Dewey Rush, District 104, as Vice Chairman of the State. Institutions & Property Committee. Also, under the above standing committee, I am appointing Honorable Forest Hays, Jr., District 1 as Chairman of the sub-committee Penal Institutions and Representative Dewey Rush will be a member of the sub-committee. Sincerely yours, Is/ Thomas B. Murphy Thomas B. Murphy Speaker TBM: eph CC: Honorable Ben W. Fortson, Jr., Secretary of State Honorable Frank Edwards, Legislative Counsel Honorable Gary Bond, Fiscal Officer Honorable Carlton Colwell, Chairman of Committee Honorable Forest Hays, Jr. Honorable Dewev Rush Mr. Harrington of the 93rd asked unanimous consent that the election of a member of the State Properties Commission called for on this date by the adoption of HR 442 on the previous legislative day be postponed until tomorrow, January 16, 1974. The consent was granted and the election was postponed. Mr. Busbee of the 114th moved that the House do now adjourn until 9:30 o'clock, A.M., tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning. WEDNESDAY, JANUARY 16, 1974 87 Representative Hall, Atlanta, Georgia Wednesday, January 16, 1974 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 the Reverend Donald J. Sparks, Sr., Pastor of the First United Methodist Church, Swainsboro, Georgia: Our Father, in Whose Kingdom power is always at the service of love, grant that we, as citizens and officials of this State may have the divine help of the "God who made the mountains and the heavens too". Grant to this body, through Thy divine leadings, the ability to execute justice, to maintain peace and order, to remove fear and suspicion, to disperse despair and darkness and to give effective help to all those who are in need. When considering the tasks of this session, the sane and humble seek the help of the "God who made the mountains and the heavens too". In His Name. AMEN. By unanimous consent, the call of the roll was dispensed with. Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative .day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 88 JOURNAL OF THE HOUSE, 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1309. By Messrs. Johnson, Lee, Bailey and Northcutt of the 68th: A Bill to be entitled an Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide that real estate salesmen shall furnish evidence of completion of thirty in-class hours in a course of study approved by the Commission or, in lieu thereof, a correspondence course approved by the Commission, or furnish a certificate that he has successfully completed at least 15 credit hours in subjects related to real estate at an accredited college; and for other purposes. Referred to the Committee on Judiciary. HB 1310. By Messrs. Howell of the 118th, Bohannon of the 64th, Bray of the 66th, King of the 85th, Harris of the 51st, Edwards of the 95th, Dorminy of the 115th and Lambert of the 97th: A Bill to be entitled an Act to amend Code Chapter 34-14, relating to absentee voting, so as to revise and change certain of the procedures relating to the process of voting by absentee ballots; and for other purposes. Referred to the Committee on State of Republic. HB 1311. By Mr. Howell of the 118th: A Bill to be entitled an Act to amend an Act placing the sheriff of Early County upon an annual salary, so as to change the compensation of the sheriff; to change the maximum compensation which may be received by certain employees of the sheriff's office; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1312. By Mr. Howell of the 118th: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Early County, so as to change certain provisions WEDNESDAY, JANUARY 16, 1974 89 therein relating to contracts entered into in behalf of the county; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1313. By Messrs. Howell of the 118th, Bray of the 66th, Bohannon of the 64th, King of the 85th, Harris of the 51st, Edwards of the 95th, Dorminy of the 115th and Lambert of the 97th: A Bill to be entitled an Act to amend Code Title 34A, relating to municipal elections, so as to make certain technical and clarifying amendments thereto; to conform certain of the procedures relating to the elective process to the provisions of the Georgia Election Code; and for other purposes. Referred to the Committee on State of Republic. HB 1314. By Messrs. Bostick of the 123rd, Sweat of the 125th, Whitmire of the 9th, Phillips of the 103rd, Harrison of the 116th, Wheeler of the 127th, Nessmith of the 76th, Eraser of the 117th, Smith of the 74th and others: A Bill to be entitled an Act to amend an Act providing for the Department of Administrative Services to establish and operate motor pools for the use of State officials and employees, so as to change the provisions relating to the mileage allowance for State officials and employees; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1315. By Messrs. Bostick of the 123rd, Keyton of the 121st, Sweat of the 125th, Whitmire of the 9th, Phillips of the 103rd, Harrison of the 116th, Grantham of the 127th, Smith of the 74th, Nessmith of the 76th and others: A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to change the provisions relative to retirement benefits for superior court clerks who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia; and for other purposes. Referred to the Committee on Retirement. HB 1316. By Messrs. Jordan of the 58th and Farrar of the 52nd: A Bill to be entitled an Act to amend an Act entitled "The Act Creating the Public School Employees' Retirement System", so as to require local units of administration to submit in advance the names of members who will retire or be eligible for retirement; and for other purposes. Referred to the Committee on Retirement. 90 JOURNAL OP THE HOUSE, HB 1317. By Messrs. Jordan of the 58th and Parrar of the 52nd: A Bill to be entitled an Act to amend Code Chapter 24-27, relative to clerks of the superior courts, so as to provide for notices to purchasers of certain real property relative to homestead exemptions; and for other purposes. Referred to the Committee on Special Judiciary. HB 1318. By Messrs. Wheeler and Grantham of the 127th: A Bill to be entitled an Act to amend an Act providing minimum salaries for clerks of the superior courts of the various counties within the State of Georgia, so as to change certain population figures in said Act; and for other purposes. Referred to the Committee on Special Judiciary. HB 1319. By Messrs. Wheeler and Grantham of the 127th: A Bill to be entitled an Act to amend an Act providing minimum salaries for the county sheriffs of the State of Georgia, so as to change certain population figures in said Act; and for other purposes. Referred to the Committee on Special Judiciary. HB 1320. By Messrs. Savage of the 30th, Floyd of the 56th, Dean of the 17th, Adams of the 14th, Patterson of the 64th, Buck of the 87th and Matthews of the 122nd: A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty, so as to change the provisions relating to persons who are 65 years of age or older; and for other purposes. Referred to the Committee on Judiciary. HB 1321. By Mr. Collins of the 122nd: A Bill to be entitled an Act to amend an Act relating to the sale of fluecured leaf tobacco in this State, so as to further define the intent and purpose of said law; to provide additional conditions upon which licenses may be granted, suspended, or revoked; to provide for the orderly marketing of leaf tobacco by allocation of sales opportunity; and for other purposes. Referred to the Committee on Agriculture. HB 1322. By Mr. Adams of the 84th: A Bill to be entitled an Act to amend an Act creating and incorporating the City of Shiloh, so as to change the date of elections in said city; to WEDNESDAY, JANUARY 16, 1974 91 create council posts and to provide for the manner in which such elections shall be conducted; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1323. By Messrs. Adams of the 84th, Patten of the 124th, Ware of the 65th, Lee of the 68th, Mauldin of the 13th, Wheeler of the 127th, Pearce of the 87th, Thompson of the 86th and King of the 85th: A Bill to be entitled an Act to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize and direct the Commissioner of the Department of Public Safety to issue rural mail carriers lifetime permits to display two amber colored flashing lights on any vehicle operated by them for the purpose of delivering mail; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1324. By Messrs. Hudson of the 115th, Busbee of the 114th, Northcutt of the 68th, Matthews of the 122nd, Petro of the 46th, Patten of the 124th, Bennett of the 124th, Castleberry of the 96th, Wheeler of the 127th, Carrell of the 71st and others: A Bill to be entitled an Act to amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, so as to provide for the filing of wholesale price lists of fluid milk and fluid milk products with the Commissioner of Agriculture; to provide for the sale of fluid milk and fluid milk products in accord with such price lists; and for other purposes. Referred to the Committee on Agriculture. HB 1325. By Messrs. Adams of the 36th and Smith of the 74th: A Bill to be entitled an Act to amend an Act relating to the arrest of persons accusted of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles, so as to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, and inspection of motor vehicles by the issuance of a citation; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1326. By Mr. Adams of the 14th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to prescribe categories and salaries for driver's license examiners; to provide for furnishing of uniforms; to provide for promotion; and for other purposes. Referred to the Committee on Motor Vehicles. 92 JOURNAL OF THE HOUSE, HB 1327. By Messrs. Adams of the 36th and Smith of the 74th: A Bill to be entitled an Act to amend an Act regulating traffic on streets and highways of this State, so as to change the provisions relating to the making of accident reports by the individual and law enforcement agencies; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1328. By Messrs. Wamble of the 120th and Collins of the 122nd: A Bill to be entitled an Act to amend Code Section 22-1801, relating to the penalties upon foreign and domestic corporations, so as to require notice from the Secretary of State before a penalty is imposed for the failure to file certain reports; and for other purposes. Referred to the Committee on Ways and Means. HB 1329. By Messrs. Wamble of the 120th and Collins of the 122nd: A Bill to be entitled an Act to amend Code Section 68-502, relating to the definition of certain terms as they pertain to the regulation of motor contract carriers, so as to provide that motor contract carriers shall not include motor vehicles engaged in the transportation of liquid fertilizer, nursery stock, or sod grass; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1330. By Messrs. Adams of the 36th and Smith of the 74th: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide that whenever a member of the Department of Public Safety may suspend any officer or trooper from duty from cause pending a hearing which must be held in not more than 30 days after the suspension; and for other purposes. Referred to the Committee on Judiciary. HB 1331. By Messrs. Smith of the 74th, Adams of the 36th, Smith of the 42nd, Brown of the 89th and others: A Bill to be entitled an Act to prescribe speed restrictions for any street, roadway or highway of this State; to provide for racing on roads; to provide a penalty in connection therewith; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1332. By Messrs. Castleberry of the 96th, Mover of the 99th, Oxford of the 101st, Collins of the 122nd and Groover of the 75th: A Bill to be entitled an Act to amend an Act providing minimum standards for certain detention facilities within this State, so as to exempt WEDNESDAY, JANUARY 16, 1974 93 certain facilities in counties of this State having a population of 26,000 or less; and for other purposes. Referred to the Committee on Human Relations. HB 1333. By Mr. Alexander of the 38th: A Bill to be entitled an Act to amend an Act regulating charges and interests on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, so as to provide that certain persons shall not be within the regulatory authority of the Act; and for other purposes. Referred to the Committee on Banks and Banking. HB 1334. By Mr. Lane of the 76th: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to creditable service for leaves of absence; and for other purposes. Referred to the Committee on Retirement. HB 1335. By Messrs. Howell of the 118th, Bray of the 66th, Bohannon of the 64th, King of the 85th, Harris of the 51st, Edwards of the 95th, Dorminy of the 115th and Lambert of the 97th: A Bill to be entitled an Act to amend Code Chapter 34-6, relating to the registration of electors, so as to change the residence requirements for electors; to change the requirement for purging the electors list; to change the oath of the elector; and for other purposes. Referred to the Committee on State of Republic. HB 1336. By Messrs. Howell of the 118th, Bray of the 66th, Bohannon of the 64th, King of the 85th, Harris of the 51st, Edwards of the 95th, Dorminy of the 115th and Lambert of the 97th: A Bill to be entitled an Act to amend Code Title 34A, relating to municipal elections, so as to change certain of the provisions thereof relative to voter eligibility; and for other purposes. Referred to the Committee on State of Republic. HB 1337. By Messrs. Savage of the 30th, Floyd of the 56th, Collins of the 45th and Irvin of the 23rd: A Bill to be entitled an Act to amend Code Chapter 34-13, relating to preparation for and conduct of primaries and elections, so as to change the provisions relating to campaign activities on election day; and for other purposes. Referred to the Committee on State of Republic. 94 JOURNAL OP THE HOUSE, HR 460-1337. By Messrs. Bostick and Patten of the 123rd: A Resolution proposing- an amendment to the Constitution so as to provide a homestead exemption from all ad valorem taxation, in the amount of $2,000 to resident homeowners in the of City of Tifton; and for other purposes. Referred to the Committee on Ways and Means. HR 461-1337. By Mr. Wamble of the 120th: A Resolution authorizing the conveyance of certain real property located in Cairo, Grady County, Georgia; and for other purposes. Referred to the Committee on State Institutions & Property. HR 462-1337. By Mr. Burruss of the 21st: A Resolution compensating Mr. and Mrs. Robert Helt; and for other purposes. Referred to the Committee on Appropriations. HR 463-1337. By Messrs. Mullinax, Knight and Ware of the 65th: A Resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown LaGrange Development Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HR 464-1337. By Messrs. Jordan of the 58th and Farrar of the 52nd: A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption for totally and permanently disabled persons; and for other purposes. Referred to the Committee on Ways and Means. HR 465-1337. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd: A Resolution proposing an amendment to the Constitution so as to permit the governing authority of McDuffie County to levy and collect an ad valorem tax to be paid to the Development Authority of McDuffie County; to provide for discontinuance of said levy; and for other purposes. Referred to the Committee on Ways and Means. WEDNESDAY, JANUARY 16, 1974 95 HB 1338. By Mrs. Hamilton of the 31st: A Bill to be entitled an Act to amend an Act providing for a board of registration and elections in each county of this State having a population of more than 500,000, so as to change the provisions relative to the elections supervisor; and for other purposes. Referred to the Committee on State of Republic. HB 1339. By Mrs. Hamilton of the 31st: A Bill to be entitled an Act to amend Code Chapter 34A-16, relating to penalties for violations of the Georgia Municipal Election Code, so as to make it a misdemeanor to knowingly make any false statement in connection with filing a notice of candidacy; and for other purposes. Referred to the Committee on State of Republic. HB 1340. By Messrs. Harris of the 51st, Jordan of the 58th and Burton of the 47th: A Bill to be entitled an Act to create the Georgia Heritage Commission; to provide for the members, officers and employees of the Commission; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1341. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Section 20-504, relating to contracts against public policy, so as to provide that certain contracts and agreements to indemnify a promisee from damages arising from negligence are void and unenforceable; and for other purposes. Referred to the Committee on Judiciary. HB 1342. By Messrs. Harris of the 51st and Patten of the 124th: A Bill to be entitled an Act to regulate the practice of speech pathology and audiology; to create the Board of Examiners for Speech Pathology and Audiology; and for other purposes. Referred to the Committee on Education. HB 1343. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to provide for investigative grand juries in certain counties (population of not less than 400,000 or more than 600,000); and for other purposes. Referred to the Committee on Judiciary. 96 JOURNAL OF THE HOUSE, HB 1344. By Messrs. Oxford of the 101st, Bostick of the 123rd, Wood and Whitmire of the 9th, Wheeler of the 13th and Carr of the 90th: A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the establishment of a Joint Municipal Retirement System, so as to authorize coverage of employees of municipal authorities as defined herein; and for other purposes. Referred to the Committee on Retirement. HB 1345. By Messrs. Oxford of the 101st, Wheeler of the 127th, Farrar of the 52nd, Wood and Whitmire of the 9th: A Bill to be entitled an Act to provide that it shall be unlawful for the driver of any vehicle to pass any school bus which has stopped upon a highway for the purpose of receiving or discharging school children; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1346. By Messrs. Alien of the 108th, Ellis of the 107th, Jones of the 109th, Triplett of the lllth, Harden and Rogers of the 128th, Gignilliat of the 105th, Fraser of the 117th, Rainey of the 115th, Chance of the 112th, Harrison of the 116th and others: A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, so as to change the provisions relative to additional license fees for commercial fishing boats of aliens and nonresidents; and for other purposes. Referred to the Committee on Recreation. HR 467-1346. By Mr. Tucker of the 69th: A Resolution proposing an amendment to the Constitution so as to provide that certain persons convicted of committing certain drug related crimes shall not be eligible to receive certain clemency actions by the Pardons and Paroles Board; and for other purposes. Referred to the Committee on Judiciary. HR 468-1346. By Mr. Tucker of the 69th: A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall have the authority to provide for a classification of crimes, and to provide that, upon conviction of any crime within such classification, the convicted person shall serve a minimum period of confinement prior to being eligible for any consideration of clemency action by the State Board of Pardons and Paroles; and for other purposes. Referred to the Committee on Judiciary. WEDNESDAY, JANUARY 16, 1974 97 HR 469-1346. By Mr. Walker of the 100th: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Macon County to impose a county registration fee on each motor vehicle registered in said County and to use the proceeds of such fee for the payment of obligations incurred in connection with the construction of a countywide general hospital and related facilities; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1347. By Messrs. Pinkston, Evans, Berlin, Brown, Dickey and Coney of the 89th: A Bill to be entitled an Act to amend an Act reenacting the charter of the City of Macon, so as to abolish the Board of Water Commissioners of the City of Macon; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1348. By Messrs. Pinkston, Evans, Berlin, Brown, Dickey and Coney of the 89th: A Bill to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act", so as to grant the Authority the power to classify and differentiate water and sewer rates in any reasonable manner, including, but not limited to, consumers within the corporate limits of the City of Macon and consumers outside the corporate limits of the City of Macon; 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 1240. By Messrs. Williams of the 9th, Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act fixing the compensation and allowances of certain State officials, so as to change the salary of the members of the General Assembly; to change the salary of the Speaker of the House of Representatives; to change the salary of the President Pro Tempore of the Senate; and for other purposes. HB 1241. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to create a State Boxing Commission; to provide the jurisdiction, duties and authority of said Commission; and for other purposes. 98 JOURNAL OP THE HOUSE, HB 1242. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to amend an Act relating to licensing of dealers in pistols and short barreled firearms, so as to change the provisions relative to the length of short barrelled firearms; and for other purposes. HB 1243. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission of, or the attempt to commit, any felony, so as to change the provisions relative to punishment; to provide a penalty for possession of a firearm after conviction of a crime punishable by confinement and labor in the penitentiary; and for other purposes. HB 1244. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to amend Code Chapter 88-10, relating to food service establishments, so as to provide for tuberculosis tests for certain persons working in food service establishments; and for other purposes. HB 1245. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to amend an Act known as the 'Georgia Firearms and Weapons Act', so as to change the definition of the term 'sawed-off shotgun'; and for other purposes. HR 439-1245. By Messrs. Lane of the 40th and Adams of the 36th: A Resolution proposing an amendment to the Constitution so as to exclude retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000; and for other purposes. HR 440-1245. By Messrs. Lane of the 40th and Adams of the 36th: A Resolution proposing an amendment to the Constitution so as to provide that any increase in the salary of any elected State, county or municipal officer shall not affect the officers then in Commission; and for other purposes. HR 441-1245. By Mr. Lane of the 40th: A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of East Point who are 65 years of age or over or who are totally disabled and who have an income from all sources, including the income of certain members of the family, not ex- WEDNESDAY, JANUARY 16, 1974 99 ceeding $5,000 per annum, shall be granted, a homestead exemption of $5,000 from ad valorem taxation by said City; and for other purposes. HB 1246. 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 the municipalities of this State; to provide for a committee to advise on such standards; to specify certain members of said advisory committee; and for other purposes. HB 1247. 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 the counties of this State; to provide for a committee to advise on such standards; to specify certain members of said advisory committee; and for other purposes. HB 1248. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, so as to change the provisions relative to the selecting of members of area planning and development commissions; and for other purposes. HB 1249. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend an Act authorizing the State Personnel Board to provide a health insurance plan for employees of the State of Georgia, so as to authorize the State Personnel Board and the various Area Planning and Development Commissions of the State to contract for the inclusion within any health insurance plan of the employees of any such Area Planning and Development Commission desiring to do so; and for other purposes. HB 1250. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions thereunder (the Georgia Income Tax Act of 1931, as amended), so as to provide a tax credit or refund for certain taxpayers for sales taxes paid by said taxpayers; and for other purposes. HB 1251. By Messrs. Walker of the 100th, Hawes of the 43rd and Russell of the 62nd: A Bill to be entitled an Act to amend an Act known as the "Georgia Industrial Loan Act", so as to provide for the removal from record of 100 JOURNAL OF THE HOUSE, certain deeds to secure debt, financing statements, personalty mortgages or other instruments; to provide grounds for suspension or revocation of license in connection therewith; and for other purposes. HB 1252. By Mr. Walker of the 100th: A Bill to be entitled an Act to amend Code Section 49-605, relative to duties of the ordinary in connection with discharge from treatment facility, termination of guardianship and restoration to mental health, so as to change the provisions relative to restoration to mental health; and for other purposes. HB 1253. By Mr. Walker of the 100th: A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for all of the various moving traffic violations and providing for the revocation and suspension of driver's licenses, so as to provide that the wilful failure of any judge or clerk to prepare certain abstracts which are required to be forwarded to the Department of Public Safety shall constitute malpractice in office; and for other purposes. HR 445-1253. By Mr. Walker of the 100th: A Resolution proposing an amendment to the Constitution so as to change the name and designation of the office of Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively; and for other purposes. HB 1254. By Mr. Patten of the 124th: A Bill to be entitled an Act to require a refund value for certain beverage containers sold or offered for sale in this State; to provide refund values; to require dealers and distributors to accept certain beverage containers; and for other purposes. HB 1255. By Mr. Sams of the 83rd: A Bill to be entitled an Act to amend Code Chapter 27-24, relating to the report of testimony in criminal prosecutions, so as to provide that in those cases wherein the testimony given in a criminal trial has been taken down or recorded by a court reporter and no appeal is entered in such case, the testimony and proceedings in such a case shall not be transcribed by the court reporter unless subsequently ordered to do so by the court; and for other purposes. HB 1256. By Messrs. Lowrey of the 15th, Toles of the 16th and Adams of the 14th: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that agricultural tractors sold in this state after a certain date shall be equipped with rollover protective structures; and for other purposes. WEDNESDAY, JANUARY 16, 1974 101 HB 1257. By Messrs. Toles of the 16th, Lowrey of the 15th, and Adams of the 14th: A Bill to be entitled an Act to provide that the standard time to be observed within the State of Georgia and by all governmental agencies, governmental units and political subdivisions thereof for certain periods during the 1974 and 1975 calendar years shall be based on the mean solar time of the seventy-fifth degree of longitude west from Greenwich; and for other purposes. HB 1258. By Messrs. Burton of the 47th, Larsen of the 27th, McKinney of the 35th, Bennett of the 124th, Shepherd of the 28th, Brown of the 67th and Horton of the 43rd: A Bill to be entitled an Act to create the State Board of Examiners of Water Well Contractors; and for other purposes. HB 1259. By Messrs. Odom, Hatcher, Busbee and Hutchinson of the 114th: A Bill to be entitled an Act to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, so as to change the salary of the sheriff of Dougherty County; and for other purposes. HB 1260. By Messrs. Morgan of the 70th, Smith of the 74th and Adams of the 36th: A Bill to be entitled an Act to amend an Act making it unlawful to alter the suspension system of any private passenger motor vehicle, so as to provide that it shall be unlawful to operate any private passenger motor vehicle upon which the suspension system has been altered more than two inches above or below the factory recommendation for any such vehicle; and for other purposes. HB 1261. By Mr. Busbee of the 114th: A Bill to be entitled an Act to provide procedures for public disclosure of contributions and expenditures made in connection with campaigns for the offices of Governor and Lieutenant Governor; and for other purposes. HB 1262. By Mr. Reaves of the 124th: A Bill to be entitled an Act to amend Code Title 62, relating to livestock, so as to substantially revise, modernize and supersede Code Chapter 62-1, relating to marks and brands; to establish within the Department of Agriculture a Division of Marks and Brands; and for other purposes. 102 JOURNAL OP THE HOUSE, HB 1263. By Mr. Reaves of the 124th: A Bill to be entitled an Act to amend Code Chapter 26-18, relating to theft, so as to provide for the crime of livestock theft; and for other purposes. HB 1264. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend Code Chapter 56-24, relating to the insurance contracts in general, so as to provide that no policy of liability insurance shall be issued or delivered in this State unless it contains provisions to the effect that the insolvency or bankruptcy of the insured shall not release the insurer from payment of damages; and for other purposes. HB 1265. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide that no policy of liability insurance shall be issued or delivered in this State unless it contains provisions to the effect that the insolvency or bankruptcy of the insured shall not release the insurer from payment of damages; and for other purposes. HB 1266. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend Code Chapter 34-8, relating to dates of primaries and elections and to special elections, so as to limit the number of polls that must be open in certain special elections; and for other purposes. HB 1267. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend Code Section 26-2904, relating to the issuance of licenses to carry a pistol or revolver, so as to authorize the ordinary of each county to destroy the records relating to the issuance of a license five years after the issuance of such license; and for other purposes. HB 1268. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend an Act creating the Public School Employees' Retirement System, so as to authorize certain persons to be employed as public school employees, to become members and to establish prior service credits under the Retirement System; and for other purposes. WEDNESDAY, JANUARY 16, 1974 103 HB 1269. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating1 Traffic on Highways", so as to provide that no person shall operate a motor vehicle while wearing certain devices; and for other purposes. HB 1270. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to provide that it shall be unlawful for any person to purchase gasoline for use in a motor vehicle unless that person displays a valid driver's license regularly issued to him to the filling station attendant or owner; to provide, that it shall be unlawful for any person to sell gasoline for use in a motor vehicle unless the person making the purchase has displayed a valid driver's license; and for other purposes. HB 1271. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to authorize the Governor to reduce the speed limits provided for in said Act upon a proclamation citing a "State of Emergency"; to provide that such reduction shall not extend beyond the date of adjournment of the next succeeding session of the General Assembly after the issuance of the proclamation; and for other purposes. HB 1272. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to amend Code Section 92-3107, relating to taxable net income for individual State income tax purposes, so as to provide that certain retirement allowances or benefits received as a result of service as a member of the armed forces of the U. S. will not be included within net taxable income for Georgia income tax purposes; and for other purposes. HB 1273. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to regulate locksmiths and keymakers; to define certain terms; to provide that no locksmith or keymaker may lawfully duplicate any key unless such key bears his identification; to make it unlawful for locksmiths and keymakers to impair the security of locks; to provide that it shall be unlawful to make or cause to be made or duplicate master keys except under certain circumstances; and for other purposes. HB 1274. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to amend an Act providing that all meetings of any State department, agency, board, bureau, commission or political subdivision at which certain actions are to be taken are declared to be public meetings and shall be open to the public, so as to require notification 104 JOURNAL OF THE HOUSE, of newspaper, radio stations and television stations of certain meetings; and for other purposes. HB 1275. By Messrs. Savage of the 30th, Floyd of the 56th, Russell of the 62nd, Bennett of the 124th, Irvin of the 23rd, Lane of the 40th and Beckham of the 82nd: A Bill to be entitled an Act to amend Code Chapter 34-10A, known as the "Georgia Presidential Preference Primary Law", so as to change the date of such presidential preference primary; and for other purposes. HB 1276. By Messrs. Savage of the 30th, Hays of the 1st, Russell of the 53rd, Floyd of the 56th, Hudson of the 115th, Irvin of the 23rd, Twiggs of the 4th and others: A Bill to be entitled an Act to provide certain standards for the construction of curbs on each side of city streets; to require curb ramps for handicapped persons; and for other purposes. HB 1277. By Mr. Toles of the 16th: A Bill to be entitled an Act to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for the taking of an oath; and for other purposes. HB 1278. By Mr. Patten of the 124th: A Bill to be entitled an Act to amend an Act incorporating the City of Lakeland so as to change the provisions relating to the election of the mayor and alderman of the City of Lakeland; and for other purposes. HB 1279. By Messrs. Evans of the 89th and Russell of the 62nd: A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to authorize the court to allow certain persons convicted of operating motor vehicles under the influence of intoxicating liquor or drugs to operate motor vehicles while engaged in their employment; and for other purposes. HB 1280. By Mr. Harris of the 51st: A Bill to be entitled an Act to create a House legislative ethics committee and a Senate legislative ethics committee; to provide for membership on such committees; and for other purposes. WEDNESDAY, JANUARY 16, 1974 105 HB 1281. By Mr. Harris of the 51st: A Bill to be entitled an Act to protect against conflict of interest and unethical conduct on the part of public officials and employees; to require the filing of disclosure statements; and for other purposes. HB 1282. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for certain exemptions from the tax imposed by said Act; and for other purposes. HB 1283. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Title 13, known as the "Banking Law" of Georgia, so as to prohibit banks, national banks whose principal office is located in the State, building and loan associations, savings and loan associations, federal savings and loan associations located in the State and other banking organizations from conducting certain promotional campaigns; and for other purposes. HB 1284. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Chapter 27-9, relating to bail, so as to provide for release prior to trial of persons charged with certain offenses; and for other purposes. HB 1285. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act relating to classification of intangible personal property for taxation and the levy of taxes on such property, so as to repeal the provisions relating to a tax levy on the fair market value of all money; and for other purposes. HB 1286. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act approved March 29, 1973, known as the "Unemployment Compensation Law", so as to provide certain penalties for nonpayment of contributions due; and for other purposes. HB 1287. By Mr. Harris of the 51st: A Bill to be entitled an Act to provide authorization in certain instances for destruction of notes taken by court reporters; to provide for a petition to the trial court authorizing such destruction; to provide for the contents of a petition; and for other purposes. 106 JOURNAL OF THE HOUSE, HB 1288. By Mr. Brown of the 67th: A Bill to be entitled an Act to amend Code Section 53-503, providing a wife is a feme sole as to her separate estate, so as to authorize a married woman to act as a surety on bail bonds in criminal cases for her husband or children; and for other purposes. HB 1289. By Messrs. Petro of the 46th, Wall of the 61st and Whitmire of the 9th: 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 Code of Georgia, relating to pharmacy, pharmacists and drugs, so as to provide that any person eighteen years of age or older who unlawfully sells a narcotic drug to a person less than eighteen years of age shall be punished by death; and for other purposes. HB 1290. By Messrs. Odom of the 114th, Adams of the 14th, Savage of the 30th and Lane of the 40th: A Bill to be entitled an Act to provide that an individual who holds elective office may not qualify for another public office unless first tendering his resignation; to provide that said resignation shall be prospectively effected ; and for other purposes. HB 1291. By Mr. Carlisle of the 67th: A Bill to be entitled an Act to amend an Act known as the "Sedition and Subversive Activities Act of 1953", so as to change the provisions relating to the written questionnaire; and for other purposes. HB 1292. By Messrs. Carlisle and Brown of the 67th, Northcutt, Bailey and Johnson of the 68th: A Bill to be entitled an Act to amend Code Section 68-201 relating to registration and license of motor vehicles and chauffeurs, so as to exempt certain motorized carts from the provisions of said Code Section; and for other purposes. HB 1293. By Mr. Carlisle of the 67th: A Bill to be entitled an Act to amend Code Section 34-1402, relating to applications for absentee ballots, so as to change the provisions relative to certification of physical disability; and for other purposes. HB 1294. By Mr. Lewis of the 77th: A Bill to be entitled an Act to provide for the imposition of the death penalty in cases involving murder or armed robbery; and for other purposes. WEDNESDAY, JANUARY 16, 1974 107 HB 1295. By Mr. Geisinger of the 44th: A Bill to be entitled an Act to impose a local income tax upon each resident of each county; to authorize counties and certain municipalities to increase such local income tax under certain conditions; to provide for the administration and collection of such taxes; and for other purposes. HR 446-1295. By Mr. Geisinger of the 44th: A Resolution proposing an amendment to the Constitution so as to provide for an exemption of the full value of the homestead of each citizen of Georgia from all ad valorem taxation for State, county, municipal and school purposes and to authorize the use of any State or local funds for any governmental purposes, including the support and maintenance of education, as may be provided by law; and for other purposes. HB 1296. By Mr. Geisinger of the 44th: 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; to provide for certain exemptions from the tax imposed by said Act; and for other purposes. HB 1297. By Mr. Geisinger of the 44th: A Bill to be entitled an Act to amend an Act known as the "Development Authorities Law", so as to change the definition of "project" as applied to the development authorities of certain counties and municipalities of this State; and for other purposes. HB 1298. By Messrs. Geisinger of the 44th and Coiling of the 45th: A Bill to be entitled an Act to provide any labor organization shall be responsible for the actions of their members; to define "labor organization"; and for other purposes. HR 447-1298. By Mr. Geisinger of the 44th: A Resolution creating the Revenue Potential Study Committee; and for other purposes. HR 448-1298. By Mr. Dean of the 54th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of violent crime; and for other purposes. 108 JOURNAL OF THE HOUSE, HR 449-1298. By Messrs. Colwell of the 4th, Toles of the 16th, Jones of the 109th, Whitmire of the 9th, Carrell of the 71st, McDonald of the 12th, Rainey of the 115th, Adams of the 36th and others: A Resolution proposing an amendment to the Constitution so as to create the Board of Offender Rehabilitation in lieu of the State Board of Corrections and the office of Commissioner of Offender Rehabilitation in in lieu of Director of Corrections; and for other purposes. HR 450-1298. By Messrs. Brown and Carlisle of the 67th: A Resolution relieving the surety on a certain bond within the State Court of Spalding County; and for other purposes. HR 451-1298. By Messrs. Pearce of the 87th, Berry of the 86th, Davis of the 85th, Adams of the 84th, Buck of the 87th and Thompson of the 86th: A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Muscogee County School District who is 62 years of age or over and has a limited income shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; and for other purposes. HR 452-1298. By Messrs. Pearce of the 87th, Berry of the 86th, Adams of the 84th, Buck of the 87th and Thompson of the 86th: A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Muscogee County School District shall be granted a $2,000 homestead exemption from ad valorem taxation for school purposes; and for other purposes. HR 453-1298. By Mr. Rush of the 104th: A Resolution proposing an amendment to the Constitution so as to provide that the Governor shall not have the power to veto any bill or resolution passed by a vote of two-thirds or more of the members of each House of the General Assembly; and for other purposes. HR 454-1298. By Messrs. Rogers and Harden of the 128th: A Resolution compensating Mr. Joseph P. Barone; and for other purposes. HR 455-1298. By Messrs. Collins of the 45th and Larsen of the 27th: A Resolution creating the Government Regulation of Private Business Study Committee; and for other purposes. WEDNESDAY, JANUARY 16, 1974 109 HR 456-1298. By Messrs. Collins of the 45th, Larsen of the 27th and Burton of the 47th: A Resolution creating the Endangered Species Study Committee; and for other purposes. HR 457-1298. By Messrs. Matthews and Collins of the 122nd, Patten of the 123rd and Patten of the 124th: A Resolution pertaining to standard time; and for other purposes. HB 1299. By Mr. Adams of the 14th: A Bill to be entitled an Act to amend an Act regulating the sale of admission tickets to athletic contests of the colleges in the University System of Georgia, so as to repeal the provisions of said Act which make the sale of such tickets in any unauthorized place or manner unlawful; and for other purposes. HB 1300. By Mr. Adams of the 14th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the provisions relative to credit for prior service in connection with longevity increases in compensation; and for other purposes. HB 1301. By Messrs. Strickland of the 116th and Fraser of the 117th: A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to provide for retirement benefits for certain members of the Georgia National Guard; and for other purposes. HR 458-1301. By Messrs. Strickland of the 116th and Fraser of the 117th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for retirement benefits for members of the Georgia National Guard; and for other purposes. HB 1302. By Mr. Brantley of the 92nd: A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change and clarify the composition of certain Representative Districts; and for other purposes. HB 1303. By Mr. Levitas of the 50th: A Bill to be entitled an Act to amend an Act known as "The Municipal 110 JOURNAL OF THE HOUSE, Home Rule Act of 1965", so as to change the provisions relative to fixing the compensation of members of the governing authorities of municipalities; for other purposes. HB 1304. By Messrs. Buck of the 87th, Berry of the 86th, Pearce of the 87th and Thompson of the 86th: A Bill to be entitled an Act to amend an Act providing a supplement to the salary of the District Attorney of the Chattahoochee Judicial Circuit, so as to delete therefrom the limitations upon the amount of the supplement specified; and for other purposes. HB 1305. By Mr. Wheeler of the 13th: A Bill to be entitled an Act to amend Code Section 91A-959, relating to weights of vehicles and loads, so as to change certain exception provisions; to change the gross weight provisions; to provide an exception for the hauling of granite from the quarry to the processing plant; and for other purposes. HB 1306. By Mr. Wheeler of the 13th: A Bill to be entitled an Act to amend an Act prohibiting the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted with heat-treated glass lenses, plastic lenses or laminated lenses, so as to delete the provision prohibiting the distribution, sale or delivery of prescription eyeglasses or sunglasses unless such eyeglasses or sunglasses are fitted with lenses which meet certain requirements; and for other purposes. HB 1307. By Messrs. Groover of the 75th, Brown, Berlin and Dickey of the 89th: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for creditable service for certain members who were employees of certain probation offices; to provide the procedures connected therewith; and for other purposes. HB 1308. By Messrs. Brown, Coney, Evans, Berlin, Dickey and Pinkston of the 89th: A Bill to be entitled an Act to authorize the district attorneys of the superior courts in certain counties to appoint certain investigators; to provide for the compensation of such investigators; to define the duties and powers and authority of such investigators; to provide that one investigator shall be chief investigator and to define his powers and functions; and for other purposes. SR 148. By Senators Kidd of the 25th, Cox of the 21st and Gillis of the 20th: A Resolution proposing an amendment to the Constitution so as to au- WEDNESDAY, JANUARY 16, 1974 111 thorize the General Assembly to provide by law for the payment of $250,000 to the first person, firm or corporation, or combination thereof, which establishes a plant for the commercial production of aluminum ore (alumina or aluminum chloride) from kaolin mined in Georgia and produces a minimum of 300,000 tons during the first 12 months of operation ; and for other purposes. Mr. Levitas of the 50th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 841. Do Pass. SR 85. Do Pass. Respectfully submitted, Levitas of the 50th District, Chairman. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House, to-wit: HR 147-568. By Messrs. Hill of the 41st and Smith of the 42nd: A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of College Park who are under the age of 65 in an amount of $2,000; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit: HB 70. By Messrs. Brown, Dickey, Berlin and Evans of the 89th: A Bill to amend Code Title 24, relating to courts, so as to change certain provisions requiring ordinaries, clerks of the superior courts and sheriffs 112 JOURNAL OF THE HOUSE, of each county to procure and preserve certain newspapers in which advertisements appear; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit: HB 257. By Messrs. Ware of the 65th, Wood of the 9th, Wall of the Gist, Moyer of the 99th, Hayes of the 1st and others: A Bill to amend an Act providing immunity from civil liability to the owners of property who gratuitously permit any civil defense agency, board or other authority to utilize said property as a shelter, so as to provide said immunity to persons furnishing shelter during an actual or practice emergency attack; and for other purposes. HB 506. By Mr. Harrington of the 93rd: A Bill to provide that the parents may voluntarily consent to the adoption of their child; and for other purposes. HB 632. By Messrs. Patten of the 124th, Collins of the 122nd, Reaves of the 124th, Greer of the 43rd, Moyer of the 99th and others: A Bill to amend "The Dealers in Used Motor Vehicle Parts Registration Act" so as to provide that each application for a license shall show that the used part dealer has obtained or has applied for a Sales Tax Number Certificate; and for other purposes. HB 891. By Messrs. Nix of the 20th, Hays and Snow of the 1st, McDaniell of the the 20th and Howard of the 19th: A Bill to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, so as to provide that a replacement license plate or revalidation sticker, rather than a duplicate license plate or revalidation sticker, will be issued when the original has been lost, defaced, or destroyed; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 149. By Senators Reynolds of the 48th, London of the 50th, Gillis of the 20th and Broun of the 46th: A Bill to provide for reimbursing from State funds a certain amount of the reduction in revenues of a local public school system caused by a reduction in such system's property tax levy; and for other purposes. WEDNESDAY, JANUARY 16, 1974 113 By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee on Appropriations: SB 149. By Senators Reynolds of the 48th, London of the 50th, Gillis of the 20th and others: A Bill to be entitled an Act to provide for reimbursing from State funds a certain amount of the reduction in revenues of a local public school system caused by a reduction in such system's property tax levy; and for other purposes. By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Health and Education: HB 1258. By Messrs. Burton of the 47th, Larsen of the 27th, McKinney of the 35th and others: A Bill to be entitled an Act to create the State Board of Examiners of Water Well Contractors; and for other purposes. By unanimous consent, the following' Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on State Planning and Community Affairs: HB 1304. By Messrs. Buck and Pearce of the 87th and Berry and Thompson of the' 86th: A Bill to be entitled an Act to amend an Act providing a supplement to the salary of the District Attorney of the Chattahoochee Judicial Circuit, so as to delete therefrom the limitations upon the amount of the supplement specified; and for other purposes. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industry and referred to the Committee on Industrial Relations: HB 128G. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend an Act approved March 29, 1973, known as the "Unemployment Compensation Law", so as to provide certain penalties for nonpayment of contributions due; and for other purposes. By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Natural Resources and referred to the Committee on Recreation: 114 JOURNAL OF THE HOUSE, HR 456-1298. By Messrs. Collins of the 45th, Larsen of the 27th and Burton of the 47th: A Resolution creating the Endangered Species Study Committee; and for other purposes. Under the general order of business, the following Bill of the House was taken up for consideration and read the third time: HB 451. By Mr. Burton of the 47th: A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide for public health regulation of sources of emission of ambient noise detrimental to public health or to the enjoyment of life or property; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to enable and direct the Department of Human Resources to develop a noise control plan; to provide a short title; to provide a declaration of policy; to define the term "noise"; to provide for the submission of proposed noise level standards to the 1975 Session of the General Assembly by the Department; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act shall be known and may be cited as the "Noise Control Act of 1974". Section 2. Declaration of Policy. The General Assembly finds that the State of Georgia must begin controlling noise or combination of noises in such quantity, at such levels, of such nature and duration, or under such conditions as could potentially be harmful to human health or welfare, or to property, or could interfere unreasonably with the enjoyment of property. It is imperative that our human resources be protected to the fullest extent possible in order to conserve these resources and to provide and maintain conditions which are conducive to growth and development. Section 3. For the purposes of this Act, the term "noise" means any sound not naturally occurring in the environment, including, but not limited to, sounds emanating from transportation, industrial, commercial, institutional and residential sources or any combination thereof. Section 4. The Department of Human Resources shall develop a Noise Control Plan by November 1, 1974, and shall submit proposed noise level standards to the 1975 Session of the General Assembly. The WEDNESDAY, JANUARY 16, 1974 115 Department in developing the Noise Control Plan shall take cognizance of federal noise regulations and standards. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: Mr. Groover of the 75th moves to amend the Committee substitute to HB 451 by adding after the word "Assembly." in line 5, page 2, the following : "Such plan will not be effective until approved or approved as amended by the General Assembly in the manner required to pass laws." The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Atherton Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Castleberry Chance Clark Cole Collins, S. Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Dorminy Duke Edwards Egan Ezzard Floyd, J. H. Foster Fraser Gignilliat Grahl Greer Groover Hatcher Harris, J. F Harris, J. R Harrison Hawes Hays Hill, B. L. 116 Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson King Kreeger Lambert Lane, Dick Lee Levitas Lewis Logan Lowrey Marcus JOURNAL OF THE HOUSE, Mason Matthews, C. Matthews, D. R. McDaniell McDonaid McKinnev Miles Morgan Moyer Nessmith Nix Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Ritchie Roach Rogers Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, J, R. Smith, V. B. Snow Stephens Sweat Thompson Toles Turner Waddle Walker Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood Those voting in the negative were Messrs.: Alien Collins, M. Colwell Grantham Harrington Keyton Lane, W. J. Mauldin Milford Odom Patten, R. L. Reaves Ross Thomason Triplett Tucker Wilson, M. L. Those not voting were Messrs.: Alexander, W. M. Bailey Brantley, H. H. Carlisle Carr Carrell Coleman Coney Daugherty Dean, J. E. Dean, N. Dollar Elliott Ellis Evans Farrar Floyd, L. R. Geisinger Hamilton Harden Jones Jordan Knight Larsen, G. K. Larsen, W. W. McCracken Mulherin Mullinax Noble Northcutt Pinkston Rush Strickland Townsend Twiggs Vaughn Wall Wamble Ware Willis Wilson, J. M. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 120, nays 17. WEDNESDAY, JANUARY 16, 1974 117 The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Mr. Noble of the 48th stated that he had been called from the floor of the House when the roll was called on the passage of HB 451, by substitute, as amended, but had he been present, would have voted "aye". The election of a member of the State Properties Commission having been postponed until this date from the previous legislative day, the following Resolution of the House was taken up for consideration: HR 442. By Mr. Murphy of the 18th: A Resolution providing for the election of a Representative as a member of the State Properties Commission; and for other purposes. Pursuant to the provisions of HR 442, previously adopted, Mr. Lambert of the 97th placed in nomination the name of Mr. Harrington of the 93rd, which nomination was seconded by Mr. Bostick. Mr. Williams of the 9th moved that the nominations be closed. Mr. Connell of the 80th moved that the Clerk be directed to cast the vote of the entire membership of the House for the nomination and the motion prevailed. Mr. Harrington of the 93rd was declared elected. Mr. Larsen of the 102nd arose to a point of personal privilege and addressed the House. Mr. Larsen of the 102nd moved that the following Bill of the House, which passed the House and Senate during the 1973 Session of the General Assembly, the same being vetoed by the Governor's Veto No. 3, be taken up for the purpose of considering a motion to override the veto thereof: HB 1208. By Messrs. Larsen, Coleman and Jessup of the 102nd: A BILL To amend an Act creating a new charter for the City of Dublin, in 118 JOURNAL OF THE HOUSE, the County of Laurens, and defining its corporate limits, approved March 31, 1937 (Ga. Laws 1937, p. 1771), as amended, particularly by an Act approved February 12, 1952 (Ga. Laws 1952, p. 2337), an Act approved March 21, 1969 (Ga. Laws 1969, p. 2270), an Act approved April 10, 1971 (Ga. Laws 1971, p. 3752), an Act approved October 13, 1971 (Ga. Laws 1971, Ex. Sess., p. 2206), and by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2826), so as to change the corporate limits of said City; to repeal conflicting laws; and for other purposes. Mr. Groover of the 75th moved that the Governor's Veto No. 3 on HB 1208 be overridden. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Blackshear Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Dollar Dorminy Duke Edwards Ellis Evans Farrar Floyd, J. H. Foster Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Hatcher Harris, J F. Harris, J R. Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T Horton, W. I Howard Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Jones Jordan King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDonald Mc'Kinney Miles Milford Moyer Mulherin Nessmith Nix Noble Northcutt Odom WEDNESDAY, JANUARY 16, 1974 119 Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Toles Triplett Tucker Turner Waddle Walker Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Voting in the negative was W. H. Alexander. Those not voting were Messrs.: Bennett Bohannon Bond Brantley, H. H. Collins, M. Daugherty Dean, J. E. Dean, N. Egan Elliott Ezzard Floyd, L. R. Fraser Gignilliat Howell Irvin,R. Keyton Knight McDaniell Morgan Mullinax Patten, R. L. Pinkston Shepherd Thomason Thompson Townsend Twiggs Vaughn Wall Wilson, J. M. Mr. Speaker On the motion to override the Veto of HB 1208, the ayes were 146, nays 1. The motion prevailed and the Governor's Veto No. 3 of HB 1208 was overridden by the House. The Speaker Pro Tempore assumed the Chair. Under the general order of business, the following Bill of the House was taken up for consideration and read the third time: HB 951. By Messrs. Strickland and Harrison of the 116th: A Bill to be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners and Code Section 84-907.1, relating to the medical licensure of aliens, so as to provide that aliens who have filed an applica- 120 JOURNAL OF THE HOUSE, tion for permanent residency status shall be eligible to stand examination for a license to practice medicine; and for other purposes. The following amendment was read and adopted: Mr. Strickland of the 116th moves to amend HB 951 as follows: To amend the caption by striking therefrom: "84-907.1" and inserting in lieu thereof "84-907.5". 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 103, nays 1. The Bill, having- received the requisite constitutional majority, was passed, as amended. Mr. Harris of the 51st asked unanimous consent that the following Bill of the House, previously having been placed on the General Calendar for the purpose of considering the unfavorable report of the Committee thereon, be withdrawn from further consideration: HB 300. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Chapter 100-1, relating to State depositories, so as to provide that the State Depository Board may name and appoint as depositories any building and loan association which has its deposits insured by the Federal Savings and Loan Insurance Association; and for other purposes. The consent was granted and HB 300 was withdrawn from further consideration. Under the general order of business, the following Bill of the House was taken up for consideration and read the third time: HB 93. By Mr. Levitas of the 50th: A Bill to be entitled an Act to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, so as to provide that it shall be unlawful for any person to possess certain knives during the commission or attempt to commit a felony; and for other purposes. WEDNESDAY, JANUARY 16, 1974 121 The following Committee substitute was read: A BILL To be entitled an Act to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, approved April 8, 1968 (Ga. Laws 1968, p. 982), so as to provide that it shall be unlawful for any person to possess certain knives during the commission or attempt to commit a felony; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, approved April 8, 1968 (Ga. Laws 1968, p. 982), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1, to read as follows: "Section 1. Any person who shall have on his person a firearm or uses a knife having a blade of three or more inches in length during the commission of, or the attempt to commit, any crime which is punishable by confinement and labor in the penitentiary shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement and labor in the penitentiary for a period of not less than one nor more than five years. Upon the second or subsequent conviction of a person under this Act, such person shall be punished by confinement and labor in the penitentiary for a period of not less than two nor more than fifteen years. Notwithstanding any other provision of law to the contrary, the sentence of any person imposed for violating the provisions of this Act shall not be suspended by the court and probationary sentence imposed in lieu thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read: Mr. Groover of the 75th moves to amend the Committee substitute to HB 93 by striking therefrom the last sentence of Section 1. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, John Adams, Marvin Alexander, W. H. Atherton Berlin Blackshear Bohannon Bostick Burton 122 Busbee Cole Coleman Collins, M. Connell Davis, E. T. Dean, Gib Dorminy Edwards Fraser Groover Hatcher Harris, J. R. Harrison Hill, B. L. Horton, W. L. JOURNAL OF THE HOUSE, Hudson Hutchinson Irwin Johnson Knight Lambert Larsen, G. K. Lee Levitas Lowrey Mason McCracken Miles Morgan Northcutt Patten, G. C. Patterson Pearce Phillips, L. L. Reaves Russell, W. D. Shepherd Thompson Toles Walker Ware Wheeler, Bobby Williams Willis Wilson, M. L. Those voting' in the negative were Messrs. Adams, G. D. Adams, J. H. Berry Brantley, H. H. Brantley, H. L. Bray Carrell Castleberry Chance Clark Collins, S. Coney Davis, W. Dickey Dixon Duke Egan Evans Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Hamilton Harden Harrington Harris, J. F. Hawes Hays Horton, G. T. Howard Irvin, J. Irvin, R. Jones Jordan Keyton King Kreeger Lane, Dick Lane, W. J. Marcus Mauldin McDonald Milford Mullinax Nix Noble Odom Oxford Peters Petro Ritchie Rogers Ross Russell, J. Sams Savage Shanahan Smith, V. B. Snow Stephens Strickland Sweat Triplett Tucker Turner Waddle Wheeler, J. A. Whitmire Wilson, J. M. Those not voting were Messrs. : Alexander, W. M. Alien Bailey Beckham Bennett Bond Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Carlisle Carr Colwell Daug'herty Dean, J. E. Dean, N. Dent Dollar Elliott Ellis WEDNESDAY, JANUARY 16, 1974 123 Ezzard Farrar Greer Hill, G. Howell Jessup Larsen, W. W. Lewis Logan Matthews, C. Matthews, D. R. McDaniell McKinney Moyer Mulherin Nessmith Patten, R. L. Phillips, G. S. Pinkston Rainey Roach Rush Smith, J. R. Thomason Town send Twiggs Vaughn Wall Wamble Wood Mr. Speaker On the adoption of the amendment, the ayes were 55, nays 72. The amendment was lost. The previous question was ordered. Mr. Groover moved that the House reconsider its action in ordering the previous question. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Alexander, W.H. Bailey Berlin Berry Blackshear Bohannon Bond Bostick Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carlisle Carr Castleberry Clark Cole Collins, M. Collins, S. Connell Dean, Gib Dickey Dixon Dorminy Edwards Evans Grahl Grantham Groover Hamilton Harrington Hatcher Harrison Hawes Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Irvin, J. Irwin Jessup Johnson Keyton Lane, Dick Larsen, W. W. Lee Mason Mauldin McCracken McKinney Miles Milford Morgan Moyer Mullinax Nessmith Patten, G. C. Patten, R. L. Patterson Pearce Peters 124 Phillips, G. S. Phillips, L. L. Rainey Rush Savage Smith, J. R. JOURNAL OF THE HOUSE, Snow Stephens Sweat Waddle Walker Ware Wheeler, Bobby Wheeler, J. A. Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Alien Becfcham Brantley, H H. Brantley, H. L. Bray Barton Carrell Chance Davis, E. T. Davis, W. Dean, J. E. Dollar Duke Egan Ellis Floyd, J. H. Floyd, L. R. Foster Gignilliat Harden Harris, J. F. Harris, J. R. Hays Howard Hutchinson Irvin, R. Jones Jordan King Kreeger Lane, W. J. Larsen, G. K. Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. McDonald Mulherin Nix Noble Northcutt Odom Oxford Petro Ritchie Rogers Ross Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, V. B. Thompson Toles Triplett Tucker Turner Wamble Those not voting were Messrs.: Adams, Marvin Alexander, W. M. Atherton Bennett Burruss Coleman Colwell Coney Daugherty Dean, N. Dent Elliott Ezzard Farrar Fraser Geisinger Greer Hill, G. Knight Lambert McDaniell Pinkston Reaves Roach Strickland Thomason Townsend Twiggs Vaughn Wall Whitmire Wilson, J. M. Mr. Speaker On the motion to reconsider, the ayes were 81, nays 65. The motion prevailed and the House reconsidered its action in ordering the previous question on HB 93. WEDNESDAY, JANUARY 16, 1974 125 Mr. Groover of the 75th moved that further consideration of HB 93 be postponed until tomorrow, January 17, 1974, immediately after the period of unanimous consents. The motion prevailed. The Speaker assumed the Chair. Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time: HR 239-942. By Mr. Savage of the 30th: A RESOLUTION Proposing an amendment to the Constitution so as to provide an increase in the compensation of any elective official in this State shall not become effective during the term of office of such official in which such increase is approved or authorized; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article III, Section XI, of the Constitution is hereby amended by striking in its entirety Section XI, which reads as follows: "SECTION XI. Paragraph I. Salaries of Elective Officials; How Changed. The General Assembly may, at any time, by a majority vote of both branches prescribe other and different salaries for all of the elective officials provided for in this Constitution, but no such change shall diminish the amount of any salary set forth in the Constitution.", and substituting in lieu thereof, a new Section XI, to read as follows: "SECTION XI. Paragraph I. Salaries of Elective Officals; How Changed. The General Assembly may, at any time, by a majority vote of both branches prescribe other and different salaries for all of the elective officials provided for in this Constitution, subject to the provisions of Paragraph II, but no such change shall diminish the amount of any salary set forth in the Constitution. Paragraph II. No Increase in Compensation of Elective Officials During Term. An increase in the compensation of any State, county or municipal elective official shall not become effective during the term of office of such official in which such increase is approved or authorized." 126 JOURNAL OF THE HOUSE, Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: ( ) "YES Shall the Constitution be amended so as to provide an increase in the compensation of any State, county or municipal elective official shall not become effective ( ) NO during the term of office of such official in which such increase is approved or authorized?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All person desiring to vote against ratifying the proposed amendment shall vote "No". ' If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee amendment was read: The Committee on Special Judiciary moves to amend HR 239-942 as follows: By striking Paragraph II from Section I thereof and substituting in lieu thereof: "Paragraph II. No increase in compensation of members of the General Assembly during term. An increase in the compensation of members of the General Assembly shall not become effective during the term of office of such members of the General Assembly in which such increase is approved or authorized." And by striking lines 17, 18 and 19 from page 2 thereof and substituting therefor: ( ) NO " .... of members of the General Assembly shall not become effective during the term of office of such members of the General Assembly in which . . . ". On the adoption of the Committee amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Berry WEDNESDAY, JANUARY 16, 1974 127 Bohannon Bostick Brantley, H. L. Bray Brown, C. Buck Burton Busbee Carr Carrell Chance Clark Cole Coleman Collins, M. Coiling, S. Coney Connell Dean, Gib Dean, J. E. Dent Dixon Dollar Dorminy Edwards Ellis Evans Farrar Floyd, J. H. Foster Gei singer Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Hatcher Harris, J. F. Harrison Hays Hill, B. L. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irwin Johnson Jones Jordan Keyton Kreeger Lambert Lane, Dick Lane, W. J. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDonald McKinney Miles Milford Morgan Moyer Mullinax Nessmith Nix Northcutt Oxford Patten, G. C. Patterson Pearce Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W D. Shanahan Shepherd Snow Strickland Sweat Thomason Thompson Triplett Turner Waddle Walker Ware Wheeler, Bobby Wheeler, J. A. Whitmire \Villiams Willis Wilson, ML L. Wood Those voting in the negative were Messrs.: Atherton Beckham Brown, B. D. Carlisle Castleberry Davis, E. T. Davis, W. Dickey Duke Egan Elliott Ezzard Eraser Harris, J. R. Hill, G. Horton, W. L. Irvin, R. Knight Larsen, G. K. Mulherin Noble Odom Phillips, G. S. Sams Savage Stephens Townsend Wilson, J. M. 128 JOURNAL OP THE HOUSE, Those not voting were Messrs.: Bennett Berlin Blackshear Bond Brantley, H. H. Brown, S. P. Burruss Colwell Daugherty Dean, N. Floyd, L. R. Greer Hawes Jessup King Larsen, W. W. Matthews, D. R. McDaniell Patten, R. L. Peters Roach Smith, J. R. Smith, V. B. Toles Tucker Twiggs Vaughn Wall Wamble Mr. Speaker On the adoption of the Committee amendment, the ayes were 121, nays 28. The amendment was adopted. The following amendment was read and adopted: Mr. King of the 85th moves to amend HR 239-942 on page 1, line 28, by adding after "I" the following: "hereinbelow,". A floor substitute, offered by Mr. Lane of the 40th, was withdrawn by unanimous consent. The following substitute, offered by Mr. Adams of the 14th, was read: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the members of the General Assembly shall receive such compensation and allowances as may be prescribed by law but no change in compensation and allowances shall become effective during the term at which such change is made; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article III, Section IX of the Constitution is hereby amended by striking Paragraph I in its entirety and inserting in lieu thereof a new Paragraph I to read as follows: "Paragraph I. Compensation and Allowances. The members of the General Assembly shall receive such compensation and allowances WEDNESDAY, JANUARY 16, 1974 129 as may be prescribed by law but no change in compensation and allowances shall become effective during the term at which such change is made." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: ( ) "YES Shall the Constitution be amended so as to provide that the members of the General Assembly shall receive ( ) NO such compensation and allowances as may be prescribed by law but no change in compensation and allowances shall become effective during the term at which such change is made?" 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. On the adoption of the Adams floor substitute, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Berlin Berry Bohannon Bostick Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dixon Dollar Dorminy Duke Edwards Elliott Ellis Evans Farrar Floyd, J. H. Foster Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Hatcher Harris, J. F. Harrison Hawes Hays Hill Horton, G. T. Horton, W. L. Howard 130 Ho well Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDonald JOURNAL OF THE HOUSE, McKinney Miles Milford Morgan Moyer Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wamble Ware Wheeler, Bobby Wheeler, J. A.' Whitmire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Atherton Beckham Brown, B. D. Carlisle Davis, W. Dickey Egan Ezzard Floyd, L. R. Fraser Harris, J. R. Knight Larsen, G. K. Mulherin Savage Stephens Wilson, J. M. Those not voting were Messrs.: Bennett Blackshear Bond Brantley, H. H. Burruss Daugherty Dent Greer Hill, B. L. Matthews, D. R. McDaniell Townsend Vaughn Wall Mr. Speaker On the adoption of the substitute, the ayes were 147, nays 17. The substitute was adopted. WEDNESDAY, JANUARY 16, 1974 131 The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to, by substitute. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Berry Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carr Carrell Casteleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, X. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Parrar Floyd, J. H. Foster Fraser Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Hatcher 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 Jessup Johnson Jones Jordan Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. D. Sams Savage Shanahan Shepherd Smith, V. B. Snow 132 Stephens Strickland Sweat Thomason Toles Triplett Tucker JOURNAL OF THE HOUSE, Turner Twiggs Vaughn Waddle Walker Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs. : Berlin Brown, B. D. Carlisle Ezzard Odom Thompson Those not voting were Messrs. : Alexander, W. M Bennett Blackshear Bond Daugherty Floyd, L. R. Greer Hill, B. L. Knight Matthews, D. R. McDaniell Patten, R. L. Smith, J. R. Townsend Wall Ware Willis Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 155, nays 6. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. Mr. Willis of the 119th stated that due to mechanical malfunction his vote was not recorded. He wished to vote "aye" on the adoption of HR 239-942, by substitute. Mr. Bennett of the 124th requested a leave of absence for the remainder of this day in order that he might attend an urgent meeting with the Tax Assessors from his district. Mr. Conell of the 80th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning. THURSDAY, JANUARY 17, 1974 133 Representative Hall, Atlanta, Georgia Thursday, January 17, 1974 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 the Reverend H. Kelmer Burden, Pastor, Church of God, Kite, Georgia: Almighty God, our heavenly Father, Whose gift in Thy Son to the world awakens in us our own best potential and possibilities: Make us in this Assembly deeply conscious of Thee, and of the gifts with which we have been endowed. Make us aware of the enormous opportunities we have been granted in our generation, and challenge us with the wide influence we enjoy. Make us to know that Thou, our Creator and Redeemer, dost hold each one of us to account for the use of all our strengths and abilities, our powers and privileges, our influence and opportunities. Remind us that much is expected from those who have been given much. We pray, O God, for Thy assistance to know what things are required of us by Thee and by our fellow man. Help us to face the serious facts of our times and to find in Thee our courage to meet them with wisdom, discipline and resourcefulness. Free us from all unworthy interests, false choices and the frivolous mood in which our commitments to democratic and Christian ideals are so often made. Release within us the power of Thy Spirit with which a truly democratic and Christian nation is obtainable now. Be pleased now, O Gracious God, to grant to all of us in these disturbing but tremendously hopeful times an undiminishing faith in the absolute necessity of an inward life, in the efficacy of dedicated intelligence and in the power of an active, even sacrificial, good will, that we may live today the life of a better tomorrow. We pray 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. 134 JOURNAL OF THE HOUSE, By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1349. By Mr. Lane of the 40th: A Bill to be entitled an Act to amend an Act relative to the taxation of cigars and cigarettes, so as to change the provisions relating to the seizure of property illegally held; to provide that the Commissioner of Revenue may retain certain confiscated conveyances for law enforcement use; and for other purposes. Referred to the Committee on Ways and Means. HR 470-1349. By Mr. Lane of the 40th : A Resolution compensating Mrs. Charlotte H. Bruce; and for other purposes. Referred to the Committee on Appropriations. HB 1350. By Messrs. Wheeler of the 127th, Matthews of the 122nd, Grantham of the 127th, Dorminy of the 115th, Harrison of the 116th, Hutchinson of the 114th, Carr of the 90th, Coiling of the 122nd and others: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt farm trailers with two or more wheels, and which do not weigh over 4,000 pounds when empty, from being equipped with an independent braking system; and for other purposes. Referred to the Committee on Highways. THURSDAY, JANUARY 17, 1974 135 HB 1351. By Messrs. Irvin of the 10th, Burruss of the 21st, McDonald of the 12th, Ritchie of the llth and Colwell of the 4th: A Bill to be entitled an Act to amend an Act authorizing a self-insurance program for all of the State's insurable property, so as to authorize the expenditure of moneys in the State Insurance and Hazard Reserve Fund to improve and protect State properties and to protect the lives of inhabitants thereof by contracting for the installation of automatic sprinkler systems and other fire protection systems; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1352. By Messrs. Smith and Adams of the 74th, Irvin of the 10th, Ritchie of the llth, Ellis of the 107th, Rush of the 104th and Jones of the 109th: A Bill to be entitled an Act to amend an Act providing for payment of costs of cases and expenses of trials involving inmates of the State Prison System, so as to provide for payment by the State Board of Corrections of costs and expenses in certain escape cases and trials; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1353. By Mr. Ritchie of the llth : A Bill to be entitled an Act to amend Code Chapter 88-10, relating to food service establishments, so as to require every restaurant to maintain not less than one toilet, properly designated, for each sex; to provide for the revocation of permits to operate food service establishments for failure to comply; and for other purposes. Referred to the Committee on Health & Ecology. HB 1354. By Mr. Hudson of the 115th: A Bill to be entitled an Act to amend an Act providing from State appropriations, funds as grants to counties for county roads and maintenance, and providing that such funds shall be used as a credit on certain ad valorem taxes on tangible property, so as to limit to property assessed by the county the property included in the provision for crediting surplus funds against the county ad valorem property taxes; and for other purposes. Referred to the Committee on Ways and Means. HB 1355. By Messrs. Mullinax of the 65th, Busbee of the 114th, Grantham of the 127th, Adams of the 84th, Stephens of the 37th and Brown of the 34th: A Bill to be entitled an Act to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law", (now Employment Security Law), so as to increase maximum benefit amounts; to prevent 136 JOURNAL OF THE HOUSE, a tax increase; to delete a requalifying provision applicable to pregnancy separations; and for other purposes. Referred to the Committee on Industrial Relations. HB 1356. By Mr. Hudson of the 115th: A Bill to be entitled an Act to amend an Act regulating the practice of professional sanitarians, so as to authorize an applicant for a license to take the examination prior to completion of the experience requirement; and for other purposes. Referred to the Committee on Health & Ecology. HB 1357. By Messrs. Harrington of the 93rd, Pinkston of the 89th, Cole of the 6th and Evans of the 89th: A Bill to be entitled an Act to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt from the taxes imposed by said Act sales of tangible personal property to any person, firm or corporation which will be incorporated within any project covered by any contract with any county for the construction, repair, extension or improvement of any public roadway; and for other purposes. Referred to the Committee on Ways and Means. HB 1358. By Mr. Hudson of the 115th : A Bill to be entitled an Act to amend an Act establishing a State Board of Education, so as to authorize and direct the State Board of Education to televise the Georgia-Georgia Tech varsity football game on the State Educational Television Network under certain conditions; and for other purposes. Referred to the Committee on University System of Georgia. HB 1359. By Messrs. Dorminy of the 115th, Dixon of the 126th, Castleberry of the 96th, Hutchinson of the 114th and Rainey of the 115th: A Bill to be entitled an Act to amend Code Chapter 26-13, pertaining to crimes involving bodily injury and related offenses, so as to provide that it shall be unlawful for a person to inflict a violent injury or attempt to commit a violent injury to the person of another while such person is riding upon any conveyance being operated by any public carrier or railroad; and for other purposes. Referred to the Committee on Judiciary. HB 1360. By Mr. Savage of the 30th: A Bill to be entitled an Act to regulate the practice of acupuncture and THURSDAY, JANUARY 17, 1974 137 traditional Chinese medicine in this State; to define certain terms; to permit the performance of acupuncture and traditional Chinese medicine by unlicensed persons under certain conditions; and for other purposes. Referred to the Committee on Health & Ecology. HB 1361. By Messrs. Savage of the 30th and Marcus of the 26th : A Bill to be entitled an Act to amend an Act relating to the revocation and suspension of licenses by the Board of Dental Examiners of Georgia, so as to provide additional grounds for the suspension or revocation of a license; to provide that dentists serving on certain peer or review committees shall not be liable for damages for certain actions; and for other purposes. Referred to the Committee on Health & Ecology. HB 1362. By Messrs. Mulherin of the 81st, Savage of the 30th, and Burton of the 47th: A Bill to be entitled an Act to amend Code Title 56, relating to insurance, so as to require complete maternity care insurance coverage; to require inclusion of complete maternity hospital care coverage in membership contracts of nonprofit hospital service corporations; and for other purposes. Referred to the Committee on Health & Ecology. HB 1363. By Messrs. Atherton of the 19th, Larsen of the 27th, Coney of the 89th, Geisinger of the 44th and Bailey of the 68th: A Bill to be entitled an Act to provide for the establishment of minimum standards for budgeting, financial reporting and auditing for municipalities of this State; to provide for a committee to advise on such standards; and for other purposes. Referred to the Committee on Ways and Means. HB 1364. By Messrs. Atherton of the 19th, Larsen of the 27th, Coney of the 89th, Geisinger of the 44th and Bailey of the 68th: A Bill to be entitled an Act to provide for the establishment of minimum standards for budgeting, financial reporting and auditing for counties of this State; to provide for a committee to advise on such standards; and for other purposes. Referred to the Committee on Ways and Means. HB 1365. By Messrs. Buck of the 87th and Farrar of the 52nd: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to make a technical correction relative to 138 JOURNAL OF THE HOUSE, reference to a section; to change the provisions relative to time for filing service retirement applications; and for other purposes. Referred to the Committee on Retirement. HB 1366. By Messrs. Roach of the 8th, Dorminy of the 115th, Wamble of the 120th and Mauldin of the 13th: A Bill to be entitled an Act to prohibit banking monopolies; to provide for a short title; to provide for a declaration of legislative intent; to provide that the Commissioner of the Department of Banking and Finance shall not approve any acquisition, merger or consolidation which would result in a monopoly or which would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the State of Georgia; and for other purposes. Referred to the Committee on Banks and Banking. HB 1367. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to amend Code Chapter 89-5, relating to resignations and vacancies in public office, so as to provide procedures for the recall of elected county officers; to provide for recall elections; and for other purposes. Referred to the Committee on State of Republic. HB 1368. By Messrs. Jones of the 109th, Gignilliat of the 105th, Ellis of the 107th, Rush of the 104th, Toles of the 16th, Triplett of the lllth, Chance of the 112th, Alien of the 108th and Hill of the 110th: A Bill to be entitled an Act to amend an Act entitled the "Georgia Firearms and Weapons Act", so as to amend the definition of the term "sawed-off shotgun"; and for other purposes. Referred to the Committee on Judiciary. HB 1369. By Mr. Bray of the 66th : A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, so as to allow employees of the State of Georgia who were formerly employees of the Georgia Warm Springs Foundation to purchase credit for previous employment service credited under the Employees' Retirement System of Georgia; and for other purposes. Referred to the Committee on Retirement. HR 471-1369. By Mr. Hudson of the 115th: A Resolution proposing an amendment to the Constitution so as to provide that railroad retirement of disability benefits shall not be in- THURSDAY, JANUARY 17, 1974 139 eluded in income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000; and for other purposes. Referred to the Committee on Ways and Means. HR 472-1369. By Messrs. Castleberry of the 96th, Hudson of the 115th, Lowrey of the 15th, Foster of the 6th, Matthews of the 122nd and Dorminy of the 115th: A Resolution proposing an amendment to the Constitution so as to permit the General Assembly to classify agricultural lands for purposes of taxation and to provide for the assessment of taxes thereon; and for other purposes. Referred to the Committee on Agriculture. HR 473-1369. By Messrs. Nessmith of the 76th, Collins of the 122nd, Carr of the 90th, Lane of the 76th, Matthews of the 122nd, Brantley of the 92nd, Walker of the 100th, Lowrey of the 15th and Toles of the 16th: A Resolution relative to the allocation of natural gas to be used in the production of nitrogen; and for other purposes. Referred to the Committee on Industrial Relations. HR 474-1369. By Messrs. Irvin of the 23rd, Atherton of the 19th, Egan of the 25th, Beckham of the 82nd, Horton of the 56th, Savage of the 3'Oth, Roach of the 8th and Davis of the 56th: A Resolution proposing an amendment to the Constitution so as to authorize and direct the General Assembly to provide by law for a constitutional convention; and for other purposes. Referred to the Committee on Rules. HB 1370. By Mr. King of the 85th: A Bill to be entitled an Act to amend Code Chapter 47-1, relating to the General Assembly, so as to provide for a roll call at the opening and closing of each day's proceedings of each House of the General Assembly; to provide that members who do not answer the roll shall be deemed absent; to provide penalties for members who are absent without cause for a certain number of days; and for other purposes. Referred to the Committee on Rules. HB 1371. By Messrs. Alien of the 108th, Gignilliat of the 105th, Jones of the 109th, Ellis of the 107th, Triplett of the lllth and Chance of the 112th: A Bill to be entitled an Act to create a new charter for the Town of 140 JOURNAL OP THE HOUSE, Thunderbolt; to prescribe the corporate limits of said town; to provide for the government of said town; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1372. By Mr. Oxford of the 101st: A Bill to be entitled an Act to amend Code Title 92, relating to public revenue, so as to provide for refunds of taxes and license fees which have been erroneously or illegally assessed and collected by counties and municipalities or overpaid by taxpayers, whether paid voluntarily or involuntarily; and for other purposes. Referred to the Committee on Ways and Means. HB 1373. By Messrs. Carr of the 90th, Collins of the 122nd, Nessmith and Lane of the 76th, Dorminy of the 115th, Rainey of the 115th, Groover of the 75th, Oxford of the 101st, Matthews of the 122nd and Rush of the 104th: A Bill to be entitled an Act to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to provide that vehicles designed and utilized for spreading agricultural or fertilizer materials may exceed a total outside width of 96 inches when equipped with flotation tires, but not to exceed 112 inches; and for other purposes. Referred to the Committee on Highways. HB 1374. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Chapter 26-25, relating to crimes involving obstruction of law enforcement, so as to provide that it shall be unlawful for any person to tamper with evidence or plant false evidence with intent to prevent the apprehension or obstruct the prosecution or defense of any person; and for other purposes. Referred to the Committee on Judiciary. HB 1375. By Mr. Harris of the 51st: 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 prosecution in selecting juries for the trial of misdemeanors and felony cases; to change the provisions relative to the size and selection of jury panels; and for other purposes. Referred to the Committee on Judiciary. HB 1376. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st: A Bill to be entitled an Act to provide supplementary appropriations THURSDAY, JANUARY 17, 1974 141 for the remainder of the fiscal year ending June 30, 1974, in addition to any other appropriations heretofore or hereafter made for the operation of the departments and agencies of the State provided for herein and the purposes provided for herein; and for other purposes. Referred to the Committee on Appropriations. HB 1377. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st: A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975; and for other purposes. Referred to the Committee on Appropriations. HR 475-1377. By Messrs. Morgan of the 70th, Brown of the 67th, Logan of the 62nd, Groover of the 75th, Bennett of the 124th, Harrison of the 116th, Russell of the 62nd, Lewis of the 77th, Dorminy of the 115th, Carrell of the 71st and others : A Resolution creating the Bank Holding Company Study Committee; and for other purposes. Referred to the Committee on Banks & Banking. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1309. By Messrs. Johnson, Lee, Bailey and Northcutt of the 68th: A Bill to be entitled an Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide that real estate salesmen shall furnish evidence of completion of thirty in-class hours in a course of study approved by the Commission or, in lieu thereof, a correspondence course approved by the Commission, or furnish a certificate that he has successfully completed at least 15 credit hours in subjects related to real estate at an accredited college; and for other purposes. HB 1310. By Messrs. Howell of the 118th, Bohannon of the 64th, Bray of the 66th, King of the 85th, Harris of the 51st, Edwards of the 95th, Dorminy of the 115th and Lambert of the 97th: A Bill to be entitled an Act to amend Code Chapter 34-14, relating to absentee voting, so as to revise and change certain of the procedures relating to the process of voting by absentee ballots; and for other purposes. HB 1311. By Mr. Howell of the 118th: A Bill to be entitled an Act to amend an Act placing the sheriff of Early 142 JOURNAL OF THE HOUSE, County upon an annual salary, so as to change the compensation of the sheriff; to change the maximum compensation which may be received by certain employees of the sheriff's office; and for other purposes. HB 1312. By Mr. Howell of the 118th: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Early County, so as to change certain provisions therein relating to contracts entered into in behalf of the county; and for other purposes. HB 1313. By Messrs. Howell of the 118th, Bray of the 66th, Bohannon of the 64th, King of the 85th, Harris of the 51st, Edwards of the 95th, Dorminy of the 115th and Lambert of the 97th: A Bill to be entitled an Act to amend Code Title 34A, relating to municipal elections, so as to make certain technical and clarifying amendments thereto ; to conform certain of the procedures relating to the elective process to the provisions of the Georgia Election Code; and for other purposes. HB 1314. By Messrs. Bostick of the 123rd, Sweat of the 125th, Whitmire of the 9th, Phillips of the 103rd, Harrison of the 116th, Wheeler of the 127th, Nessmith of the 76th, Fraser of the 117th, Smith of the 74th and others: A Bill to be entitled an Act to amend an Act providing for the Department of Administrative Services to establish and operate motor pools for the use of State officials and employees, so as to change the provisions relating to the mileage allowance for State officials and employees; and for other purposes. HB 1315. By Messrs. Bostick of the 123rd, Keyton of the 121st, Sweat of the 125th, Whitmire of the 9th, Phillips of the 103rd, Harrison of the 116th, Grantham of the 127th, Smith of the 74th, Nessmith of the 76th and others: A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to change the provisions relative to retirement benefits for superior court clerks who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia; and for other purposes. HB 1316. By Messrs. Jordan of the 58th and Farrar of the 52nd: A Bill to be entitled an Act to amend an Act entitled "The Act Creating the Public School Employees' Retirement System", so as to require local units of administration to submit in advance the names of members who will retire or be eligible for retirement; and for other purposes. THURSDAY, JANUARY 17, 1974 143 HB 1317. By Messrs. Jordan of the 58th and Farrar of the 52nd: A Bill to be entitled an Act to amend Code Chapter 24-27, relative to clerks of the superior courts, so as to provide for notices to purchasers of certain real property relative to homestead exemptions; and for other purposes. HB 1318. By Messrs. Wheeler and Grantham of the 127th: A Bill to be entitled an Act to amend an Act providing minimum salaries for clerks of the superior courts of the various counties within the State of Georgia, so as to change certain population figures in said Act; and for other purposes. HB 1319. By Messrs. Wheeler and Grantham of the 127th: A Bill to be entitled an Act to amend an Act providing minimum salaries for the county sheriffs of the State of Georgia, so as to change certain population figures in said Act; and for other purposes. HB 1320. By Messrs. Savage of the 30th, Floyd of the 56th, Dean of the 17th, Adams of the 14th, Patterson of the 64th, Buck of the 87th and Matthews of the 122nd: A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty, so as to change the provisions relating to persons who are 65 years of age or older; and for other purposes. HB 1321. By Mr. Collins of the 122nd: A Bill to be entitled an Act to amend an Act relating to the sale of flue-cured leaf tobacco in this State, so as to further define the intent and purpose of said law; to provide additional conditions upon which licenses may be granted, suspended, or revoked; to provide for the orderly marketing of leaf tobacco by allocation of sales opportunity; and for other purposes. HB 1322. By Mr. Adams of the 84th: A Bill to be entitled an Act to amend an Act creating and incorporating the City of Shiloh, so as to change the date of elections in said city; to create council posts and to provide for the manner in which such elections shall be conducted; and for other purposes. HB 1323. By Messrs. Adams of the 84th, Patten of the 124th, Ware of the 65th, Lee of the 68th, Mauldin of the 13th, Wheeler of the 127th, Pearce of the 87th, Thompson of the 86th and King of the 85th: A Bill to be entitled an Act to amend an Act providing that it shall be 144 JOURNAL OF THE HOUSE, unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize and direct the Commissioner of the Department of Public Safety to issue rural mail carriers lifetime permits to display two amber colored flashing lights on any vehicle operated by them for the purpose of delivering mail; and for other purposes. HB 1324. By Messrs. Hudson of the 115th, Busbee of the 114th, Northcutt of the 68th, Matthews of the 122nd, Petro of the 46th, Patten of the 124th, Bennett of the 124th, Castleberry of the 96th, Wheeler of the 127th, Carrell of the 71st and others: A Bill to be entitled an Act to amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, so as to provide for the filing of wholesale price lists of fluid milk and fluid milk products with the Commissioner of Agriculture; to provide for the sale of fluid milk and fluid milk products in accord with such price lists; and for other purposes. HB 1325. By Messrs. Adams of the 36th and Smith of the 74th: A Bill to be entitled an Act to amend an Act relating to the arrest of persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance and inspection of motor vehicles, so as to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, and inspection of motor vehicles by the issuance of a citation; and for other purposes. HB 1326. By Mr. Adams of the 14th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to prescribe categories and salaries for driver's license examiners; to provide for furnishing of uniforms; to provide for promotion; and for other purposes. HB 1327. By Messrs. Adams of the 36th and Smith of the 74th: A Bill to be entitled an Act to amend an Act regulating traffic on streets and highways of this State, so as to change the provisions relating to the making of accident reports by the individual and law enforcement agencies; and for other purposes. HB 1328. By Messrs. Wamble of the 120th and Collins of the 122nd: A Bill to be entitled an Act to amend Code Section 22-1801, relating to the penalties upon foreign and domestic corporations, so as to require notice from the Secretary of State before a penalty is imposed for the failure to file certain reports; and for other purposes. THURSDAY, JANUARY 17, 1974 145 HB 1329. By Messrs. Wamble of the 120th and Collins of the 122nd: A Bill to be entitled an Act to amend Code Section 68-502, relating to the definition of certain terms as they pertain to the regulation of motor contract carriers, so as to provide that motor contract carriers shall not include motor vehicles engaged in the transportation of liquid fertilizer, nursery stock, or sod grass; and for other purposes. HB 1330. By Messrs. Adams of the 36th and Smith of the 74th: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide that whenever a member of the Department of Public Safety may suspend any officer or trooper from duty from cause pending a hearing which must be held in not more than 30 days after the suspension; and for other purposes. HB 1331. By Messrs. Smith of the 74th, Adams of the 36th, Smith of the 42nd, Brown of the 89th and others: A Bill to be entitled an Act to prescribe speed restrictions for any street, roadway or highway of this State; to provide for racing on roads; to provide a penalty in connection therewith; and for other purposes. HB 1332. By Messrs. Castleberry of the 96th, Moyer of the 99th, Oxford of the 101st, Collins of the 122nd and Groover of the 75th: A Bill to be entitled an Act to amend an Act providing minimum standards for certain detention facilities within this State, so as to exempt certain facilities in counties of this State having a population of 26,000 or less; and for other purposes. HB 1333. By Mr. Alexander of the 38th: A Bill to be entitled an Act to amend an Act regulating charges and interests on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, so as to provide that certain persons shall not be within the regulatory authority of the Act; and for other purposes. HB 1334. By Mr. Lane of the 76th: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to creditable service for leaves of absence; and for other purposes. HB 1335. By Messrs. Howell of the 118th, Bray of the 66th, Bohannon of the 64th, King of the 85th, Harris of the 51st, Edwards of the 95th, Dorminy of the 115th and Lambert of the 97th: A Bill to be entitled an Act to amend Code Chapter 34-6, relating to 146 JOURNAL OF THE HOUSE, the registration of electors, so as to change the residence requirements for electors; to change the requirement for purging the electors list; to change the oath of the elector; and for other purposes. HB 1336. By Messrs. Howell of the 118th, Bray of the 66th, Bohannon of the 64th, King of the 85th, Harris of the 51st, Edwards of the 95th, Dorminy of the 115th and Lambert of the 97th: A Bill to be entitled an Act to amend Code Title 34A, relating to municipal elections, so as to change certain of the provisions thereof relative to voter eligibility; and for other purposes. HB 1337. By Messrs. Savage of the 30th, Floyd of the 56th, Collins of the 45th and Irvin of the 23rd: A Bill to be entitled an Act to amend Code Chapter 34-18, relating to preparation for and conduct of primaries and elections, so as to change the provisions relating to campaign activities on election day; and for other purposes. HR 460-1337. By Messrs. Bostick and Patten of the 123rd: A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption from all ad valorem taxation in the amount of $2,000 to resident homeowners in the City of Tifton; and for other purposes. HR 4(51-1337. By Mr. Wamble of the 120th: A Resolution authorizing the conveyance of certain real property located in Cairo, Grady County, Georgia; and for other purposes. HR 462-1337. By Mr. Burruss of the 21st: A Resolution compensating Mr. & Mrs. Robert Kelt; and for other purposes. HR 463-1337. By Messrs. Mullinax, Knight and Ware of the 65th: A Resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown LaGrange Development Authority; and for other purposes. HR 464-1337. By Messrs. Jordan of the 58th and Farrar of the 52nd: A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption for totally and permanently disabled persons; and for other pin-poses. THURSDAY, JANUARY 17, 1974 147 HR 465-1337. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd: A Resolution proposing an amendment to the Constitution so as to permit the governing authority of McDuffie County to levy and collect an ad valorem tax to be paid to the Development Authority of McDuffie County; to provide for discontinuance of said levy; and for other purposes. HB 1338. By Mrs. Hamilton of the 31st: A Bill to be entitled an Act to amend an Act providing for a board of registration and elections in each county of this State having a popula-. tion of more than 500,000, so as to change the provisions relative to the elections supervisor; and for other purposes. HB 1339. By Mrs. Hamilton of the 31st: A Bill to be entitled an Act to amend Code Chapter 34A-16, relating to penalties for violations of the Georgia Municipal Election Code, so as to make it a misdemeanor to knowingly make any false statement in connection with filing a notice of candidacy; and for other purposes. HB 1340. By Messrs. Harris of the 51st, Jordan of the 58th and Burton of the 47th: A Bill to be entitled an Act to create the Georgia Heritage Commission; to provide for the members, officers and employees of the Commission; and for other purposes. HB 1341. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Section 20-504, relating to contracts against public policy, so as to provide that certain contracts and agreements to indemnify a promisee from damages arising from negligence are void and unenforceable; and for other purposes. HB 1342. By Messrs. Harris of the 51st and Patten of the 124th: A Bill to be entitled an Act to regulate the practice of speech pathology and audiology; to create the Board of Examiners for Speech Pathology and Audiology; and for other purposes. HB 1343. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to provide for investigative grand juries in certain counties (population of not less than 400.000 or more than 600,000) ; and for other purposes. 148 JOURNAL OP THE HOUSE, HB 1344. By Messrs. Oxford of the 101st, Bostick of the 123rd, Wood and Whitmire of the 9th, Wheeler of the 13th and Carr of the 90th: A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the establishment of a Joint Municipal Retirement System, so as to authorize coverage of employees of municipal authorities as defined herein; and for other purposes. HB 1345. By Messrs. Oxford of the 101st, Wheeler of the 127th, Farrar of the 52nd, Wood and Whitmire of the 9th: A Bill to be entitled an Act to provide that it shall be unlawful for the driver of any vehicle to pass any school bus which has stopped upon a highway for the purpose of receiving or discharging school children; and for other purposes. HB 1346. By Messrs. Alien of the 108th, Ellis of the 107th, Jones of the 109th, Triplett of the lllth, Harden and Rogers of the 128th, Gignilliat of the 105th, Praser of the 117th, Rainey of the 115th, Chance of the 112th, Harrison of the 116th and others: A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, so as to change the provisions relative to additional license fees for commercial fishing boats of aliens and nonresidents; and for other purposes. HR 4G7-1346. By Mr. Tucker of the 69th: A Resolution proposing an amendment to the Constitution so as to provide that certain persons convicted of committing certain drug related crimes shall not be eligible to receive certain clemency actions by the Pardons and Paroles Board; and for other purposes. HR 468-1346. By Mr. Tucker of the 69th: A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall have the authority to provide for a classification of crimes, and to provide that, upon conviction of any crime within such classification, the convicted person shall serve a minimum period of confinement prior to being eligible for any consideration of clemency action by the State Board of Pardons and Paroles; and for other purposes. HR 469-1346. By Mr. Walker of the 100th: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Macon County to impose a county registration fee on each motor vehicle registered in said County and to THURSDAY, JANUARY 17, 1974 149 use the proceeds of such fee for the payment of obligations incurred in connection with the construction of a countywide general hospital and related facilities; and for other purposes. HB 1347. By Messrs. Pinkston, Evans, Berlin, Brown, Dickey and Coney of the 89th: A Bill to be entitled an Act to amend an Act reenacting the charter of the City of Macon, so as to abolish the Board of Water Commissioners of the City of Macon; and for other purposes. HB 1348. By Messrs. Pinkston, Evans, Berlin, Brown, Dickey and Coney of the 89th: A Bill to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act", so as to grant the Authority the power to classify and differentiate water and sewer rates in any reasonable manner, including, but not limited to, consumers within the corporate limits of the City of Macon and consumers outside the corporate limits of the City of Macon; and for other purposes. SB 149. By Senators Reynolds of the 48th, London of the 50th, Gillis of the 20th and others: A Bill to be entitled an Act to provide for reimbursing from State funds a certain amount of the reduction in revenues of a local public school system caused by a reduction in such system's property tax levy; and for other purposes. Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 598. Do Pass. HB 599. Do Pass. HB 569. Do Pass. HB 1112. Do Pass, as Amended. Respectfully submitted, Snow of the 1st, Chairman. 150 JOURNAL OF THE HOUSE, 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 Resolution of the House and has instructed me to report same back to the House with the following1 recommendation: HR 459. Do Not Pass. Respectfully submitted, Lambert of 97th, Vice-Chairman. Mr. Colwell of the 4th District, Chairman of the Committee on State Institution and Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions and Property 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 449-1298. Do Pass. Respectfully submitted, Colwell of the 4th, Chairman. 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 followingResolutions of the House, to-wit: HR 438. By Mr. Murphy of the 18th and others: A Resolution calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor; and for other purposes. The President has appointed as a Committee of Escort on the part of the Senate the following Senators: Hill of the 29th, Langford of 51st, Parker of 31st, Lester of 23rd, Starr of 44th, Moore of 5(ith and McGill of 24th. THURSDAY, JANUARY 17, 1974 151 HR 466. By Messrs. Murphy of the 18th and the entire membership of the Georgia House of Representatives. A Resolution expressing regrets at the passing of Honorable George L. Smith II; and for other purposes. The Senate has passed by the requisite constitutional majority the followingBill of the House, to-wit: HB 4. By Mr. Murphy of the 18th: A Bill to amend Code Section 9-103, relating to qualifications and residence requirements of applicants for the Bar Examination, so as to provide that students who are enrolled in the last 2 quarters or the last semester of nationally accredited law schools shall be eligible to stand the Bar examination ; and for other pvirposes. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit: HB 783. By Messrs. Nessmith of the 76th, Collins of the 122nd, Lowrey of the 15th, Lane of the 76th. Lewis of the 77th and others: A Bill to provide the procedure for showing the number of copies and approximate cost of certain printings; and for other purposes. The Senate on January 17, at 9:50 A.M. has overridden the Governor's Veto 3 on the following Bill of the House, to-wit: HB 1208. By Messrs. Larsen, Coleman and Jessup of the 102nd: 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. The following Resolutions of the House were read and adopted: HR 477. By Messrs. Lowrey of the 15th, Toles of the 16th, Dean of the 17th and others: A RESOLUTION Calling upon Congress to repeal the Emergency Daylight SavingTime Energy Conservation Act of 1973; and for other purposes. 152 JOURNAL OF THE HOUSE, WHEREAS, Congress has enacted the Emergency Daylight Saving Time Energy Conservation Act of 1973 requiring that the standard time in each time zone be advanced one hour; and WHEREAS, such legislation was adopted for the purpose of conserving energy during the fuel shortage crisis; and WHEREAS, it is the belief of this body that such legislation was hastily enacted without due consideration being given to the resulting detriments which will flow from such advanced time; and WHEREAS, there is argument that the advancement of standard time will save little, if any, energy, and perhaps will result in the consumption of increased amounts of fuel; and WHEREAS, the advancement of time has seriously disrupted commerce and industry; and WHEREAS, requiring school children to travel to school prior to daylight hours is a serious public safety menace; and WHEREAS, the lives of many valuable children will be lost if the return to standard time is not accomplished without further delay. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby respectfully request that Congress reconsider its precipitate action in adopting the Emergency Daylight Saving Time Energy Conservation Act of 1973 and repeal said Act. 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 each member of the Georgia Congressional Delegation and to the President of the United States. HR 478. By Messrs. Patten of the 123rd, Lewis of the 77th, Marcus of the 26th and others: A RESOLUTION Inviting the former Speakers of the Georgia House of Representatives to return to the House Chamber at 11:00 a.m. on Monday, February 4, 1974; and for other purposes. WHEREAS, there are six living former Speakers of the House; and WHEREAS, the Honorable Arlie Daniel Tucker served as Speaker in the year 1931; and WHEREAS, the Honorable Roy Vincent Harris served as Speaker during the years 1937 through 1940 and 1943 through 1946; and THURSDAY, JANUARY 17, 1974 153 WHEREAS, the Honorable Randall Evans, Jr. served as Speaker during the years 1941 and 1942; and WHEREAS, the Honorable Fredrick Barrow Hand served as Speaker during the years 1947 through 1954; and WHEREAS, the Honorable Marvin Moate served as Speaker during the years 1955 through 1958; and WHEREAS, the Honorable George T. Smith served as Speaker during the years 1963 through 1966; and WHEREAS, these distinguished Georgians are still living; and WHEREAS, it is only fitting and proper that these six former Speakers of the House be commended and recognized for their service to the State. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby invite to return to the House Chamber at 11:00 a.m. on Monday, February 4, 1974, the following former Speakers of the House: the Honorable Arlie Daniel Tucker; the Honorable Roy Vincent Harris; the Honorable Randall Evans, Jr.; the Honorable Fredrick Barrow Hand; the Honorable Marvin Moate; and the Honorable George T. Smith. BE IT FURTHER RESOLVED that the Speaker of the House shall make the necessary arrangements for their visit. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution to these former Speakers of the House. HR 479. By Mr. Marcus of the 26th: A RESOLUTION Expressing sympathy at the passing of Mr. Hubert L. Dyar; and for other purposes. WHEREAS, on October 4, 1973 the State of Georgia lost a distinguished public servant and a man of great moral and religious conviction with the passing of Mr. Hubert L. Dyar; and WHEREAS, he was born on February 8, 1926 in Royston, Georgia, the son of Hubert H. and Ruth Lenhardt Dyar; and WHEREAS, he graduated from Royston High School and was an alumnus of the Henry W. Grady School of Journalism at the University of Georgia, where he held various offices in the International Relations 154 JOURNAL OF THE HOUSE, Club, the Phi Kappa Literary Society, the Gridiron Club, and Sigma Alpha Epsilon Social Fraternity; and WHEREAS, he served as editor of his high school paper, as a staff member and feature editor of the Red and Black at the University of Georgia and managed his family's weekly newspaper, the Royston Record; and WHEREAS, he was appointed in 1953 as a member of the State Literature Commission and in 1958 was elected by his fellow members of the Commission as executive secretary of the State Literature Commission, a post which he held until his death; and WHEREAS, he was a member of the Ty Cobb Baseball Memorial Association; and WHEREAS, he held offices in various civic organizations, including the Royston Chamber of Commerce, the Exchange Club, the Touchdown Club, and the Service Club; and WHEREAS, he was known throughout the State of Georgia for his dedication and many outstanding contributions to the religious, social and economic life of his community and State. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body hereby express their deepest regret at the passing of Mr. Hubert L. Dyar and hereby express their sincerest sympathy to Mrs. Dyar and the members of the Dyar family. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this resolution to the family of Mi-. Hubert L. Dyar. HR 480. By Messrs. Murphy of the 18th, Burruss of the 21st, Busbee of the 114th and others: A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of hearing an address by Honorable Ben W. Fortson, Jr.; and for other purposes. WHEREAS, Honorable Ben W. Fortson, Jr., Secretary of State, has served in that office longer than any other elected State House official in any office, having been appointed February 25, 1940, to fill an unexpired term, and having been elected on seven successive occasions since that date; and WHEREAS, he is nationally recognized for his abilities in administering one of the most efficient and capable offices in this country; and THURSDAY, JANUARY 17, 1974 155 WHEREAS, he has rendered outstanding- service to the General Assembly and to the members thereof throughout his entire career as Secretary of State; and WHEREAS, he is one of the most honest, dedicated and courageous public officials ever to be elected to high office in this State or any other State and has been and is an inspiration to all the citizens of this State. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that Honorable Ben W. Fortson, Jr., is hereby invited to address a joint session of the House of Representatives and the Senate at 11:45 a. m., Wednesday, January 23, 1974, in the Hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate shall be held in the Hall of the House of Representatives at 11:30 a. m. on the aforesaid date for the purpose of hearing said address. BE IT FURTHER RESOLVED that a Committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort Mr. Fortson to the Hall of the House of Representatives. BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to Honorable Ben W. Fortson, Jr. The Speaker appointed as a Committee of Escort on the part of the House the following members thereof: Messrs. Matthews of the 62nd,.McCracken of the 77th, Keyton of the 121st, Ross of the 72nd, Phillips of the 73rd, Howell of the 118th and Williams of the 9th. HR 484. By Messrs. Patten of the 123rd, Lane of the 70th, Matthews of the 122nd and others: A RESOLUTION Congratulating Honorable Robert L. "Bob" Harrison, Sr., on the occasion of his 04th Birthday; and for other purposes. WHEREAS, our distinguished colleague from the 116th District, Honorable Robert L. "Bob" Harrison, Sr., is celebrating his 64th Birthday on this date, Thursday, January 17, 1974; and WHEREAS, he is an entrepreneur of outstanding accomplishments and is well-known throughout South Georgia for his many successful business ventures; and 156 JOURNAL OF THE HOUSE, WHEREAS, he retired to a life of leisure after selling his savings and loan business; and WHEREAS, he has served in the House of Representatives for several terms, dating from the 1940's, and did an outstanding job as the Chairman of the Penitentiary Committee for several years; and WHEREAS, he is a most able Representative of the people of his District and is held in the highest esteem by his colleagues in the General Assembly. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby offer their heartiest congratulations to Honorable Robert L. "Bob" Harrison, Sr., on the occasion of his 64th Birthday. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this Resolution to Honorable Robert L. "Bob" Harrison, Sr. Mr. Alexander of the 38th arose to a point of personal privilege and addressed the House. Mr. Alexander of the 38th moved that the following Bill of the House be taken from the table and placed on the General Calendar: HB 24. By Mr. Alexander of the 38th: A Bill to amend Code Section 34-A-1204, relating to the time for opening and closing polls in municipal elections and primaries; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D., Jr. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Bailey Bennett Berry Blackshear Bond Bpstick Bray Brown, B. D. Brown, C. Busbee Carr Carrell Chance Clark Collins, M. Collins, S. Coney Connell Dent Dickey Duke Edwards Egan Ellis Floyd, L. R. Foster Fraser Geisinger Greer Harden Harris, J. R. Harrison Hatcher Hays Hill, B. L. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin,R. Irwin Johnson Jones Keyton King Knight Kreeger Lambert THURSDAY, JANUARY 17, 1974 157 Larsen, G. K. Lee Levitas Logan Lowrey Matthews, D. R. McKinney Miles Milford Morgan Moyer Mulherin Mullinax Noble Peters Phillips, G. S. Pinkston Rainey Ritchie Roach Rogers Rush Russell, J. Russell, W. B. Sams Savage Shepherd Snow Stephens Thomason Toles Triplett Tucker Turner Twiggs Vaughn Walker Wamble Wheeler, Bobby Whitmire Wilson, M. L. Wood Those voting in the negative were Messrs. Brantley, H. H. Colwell Grantham Harris, J. F. Lane, W. J. Lewis Mauldin Nessmith Oxford Ross Shanahan Wall Williams Those not voting were Messrs.: Adams, Marvin Atherton Beckham Berlin Bohannon Bantley, H. L. Brown, S. P. Buck Burruss Burton Carlisle Castleberry Cole Coleman Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dixon Dollar Dorminy Elliott Evans Ezzard Farrar Floyd, J. H. Gignilliat Grahl Groover Hamilton Harrington Hawes Hill, G. Howard Howell Jessup Jordan Lane, Dick Larsen, W. W. Marcus Mason Matthews, C. McCrackeTi McDaniell McDonald Nix Northcutt Odom Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, L. L. Reaves Smith, J. R. Smith, V. B. Strickland 158 Sweat Thompson Townsend JOURNAL OF THE HOUSE, Waddle Ware Wheeler, J. A. Willis Wilson, J. M. Mr. Speaker On the motion, the ayes were 97, nays 13. The motion prevailed and HB 24 was removed from the table. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Industry: HB 1309. By Messrs. Johnson, Lee, Bailey and Northcutt of the 68th: A Bill to be entitled an Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide that real estate salesmen shall furnish evidence of completion of thirty in-class hours in a course of study approved by the Commission or, in lieu thereof, a correspondence course approved by the Commission, or furnish a certificate that he has successfully completed at least 15 credit hours in subjects related to real estate at an accredited college; and for other purposes. By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Motor Vehicles and referred to the Committee on State Planning and Community Affairs: HR 469-1346. By Mr. Walker of the 100th: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Macon County to impose a county registration fee on each motor vehicle registered in said County and to use the proceeds of such fee for the payment of obligations incurred in connection with the construction of a county-wide general hospital and related facilities; and for other purposes. By unanimous consent, the following Bill of the House was withdrawn from the Committee on State of Republic and referred to the Committee on State Planning and Community Affairs: HB 1338. By Mrs. Hamilton of the 31st: A Bill to be entitled an Act to amend an Act providing for a board of registration and elections in each county of this State having a population of more than 500,000, so as to change the provisions relative to the elections supervisor; and for other purposes. THURSDAY, JANUARY 17, 1974 159 The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 246. By Messrs. Brown of the 80th and Adams of the 36th: A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license; and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to repeal an Act establishing a violation point system for the assessment of points for various moving traffic violations, approved March 27, 1968 (Ga. Laws 1908, p. 430), as amended; to amend an Act relating to the giving of security by owners and operators of certain motor vehicles and the revocation and suspension of certain drivers' licenses, approved February 21, 1951 (Ga. Laws 1951, p. 565), so as to provide that a driver's license shall be suspended upon the third violation of a hazardous motor vehicle law within 12 months; to provide that a driver's license shall be suspended upon the accumulation of certain offenses; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: . Section 1. An Act establishing a violation point system for the assessment of points for various moving traffic violations, approved March 27, 1968 (Ga. Laws 1968, p. 430), as amended, is hereby repealed in its entirety. Section 2. An Act relating to the giving of security by owners and operators of certain motor vehicles and the revocation and suspension of certain drivers' licenses, approved February 21, 1951 (Ga. Laws 1951, p. 565), is hereby amended by adding in the first paragraph of Section 7-A, immediately after the symbol and figure (6), the following: "Upon third offensc of violation of hazardous Motor Vehicle Laws ol' the State of Georgia, other than those offenses specified herein, within a period of twelve (12) months, which are subsequently disposed of as set forth in the first paragraph-of this section: (7)". Section 3. Said Act is further amended by inserting following Section 7-A a new Section 7-B to read as follows: "Section 7-B. Other Convictions; Statement Required; Financial Responsibility. (1) Within 60 days after a receipt by the Director, of 160 JOURNAL OF THE HOUSE, a record of a conviction of any moving traffic violation other than a conviction to which section 7-A applies, the Director shall, unless the record shows that the person so convicted was, at the time of the offense, in compliance with subdivision (a) of this subsection, or that the owner of the motor vehicle used was at the time of the offense in compliance with subdivision (b) of this subsection, send a notice to such person requiring him to file within 10 days a statement in writing showing: (a) That he had in effect at the time of the violation an automobile liability policy or bond applicable to the motor vehicle then used or had deposited the required money, or security as required under section 5, or had qualified as a self-insurer under section 16; or (b) That the owner of the motor vehicle used at the time of the violation, had in effect at the time of the violation, an automobile liability policy or bond applicable to the motor vehicle then used, or that he was then covered by any other form of liability policy or bond, or had made the proper deposit as required under section 5, or had qualified as a self-insurer under section 16 if the motor vehicle was then being operated with the owner's permission or consent; or (c) That he had in effect at the time the statement is executed an automobile liability policy or bond, or has made the proper deposit as required by section 5, or has qualified as a self-insurer under section 15. (2) Upon a second or subsequent conviction, within 12 months of an offense to which subsection (1) of this section applies, if the person convicted was not, at the time of two or more violations, covered by this section, in compliance with subdivision (a) or (b) of subsection (1) of this section, such person shall in lieu of filling the statement required under subsection (1) of this section, file proof of financial responsibility. (3) In the event that any such person does not, within 10 days after notice, file the statement required under subsection (1) of this section, or if subject to subsection (2) of this section, of proof of financial responsibility, the Director shall suspend the license and all registrations of such person, and his nonresident's operating privilege, if he is a nonresident, until he files the statement required under subsection (1) of this section, or, if subject to subsection (2) of this section, until he files proof of financial responsibility. (4) The Director may rely upon the accuracy of information as to insurance contained in conviction records, or in written statements required by this section, unless or until it has reason to believe that such information is erroneous. (5) The Director shall be authorized to reinstate the license of any such person whose license has been suspended for purposes directly related to such person's business or employment if such person shall file, within ten days after notice, the statement required THURSDAY, JANUARY 17, 1974 161 under subsection (1) of this section, or proof of financial responsibility if subject to subsection (2) of this Act." Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Brown of the 89th moved that the House disagree to the Senate substitute to HB 246 and the motion prevailed. The Senate substitute to HB 246 was disagreed to. Under the general order of business, the following Bill of the House was again taken up for consideration: HB 187. By Messrs. Savage of the 30th, Snow of the 1st, Harris of the 51st and others: A Bill to be entitled an Act to amend Code Title 34, relating to elections, so as to provide for the non-partisan election of judges of the superior courts, judges of the Court of Appeals and justices of the Supreme Court; and for other purposes. The following Committee substitute was read and adopted: A BILL To be entitled an Act to amend Code Title 34, relating to elections, as amended, so as to provide for the nonpartisan election of judges of the superior courts, judges of the Court of Appeals and justices of the Supreme Court of Georgia; to provide for the practices and procedures in connection with such nonpartisan election of judges and justices; to provide for a nonpartisan primary and the time of such nonpartisan primary; to provide for election ballots; to provide for the placing of candidates' names on election ballots, to provide for designations of incumbency; to provide for instructions on ballots; to prohibit the nomination of candidates for the office of judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court by political parties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Title 34, relating to elections, as amended, is hereby amended by striking from Code Section 34-1001, relating to qualification of candidates, the following: 162 JOURNAL OF THE HOUSE, "or, (6) incumbent qualifying as a candidate to succeed himself as prescribed in Section 34-1002 (c).", and inserting in lieu thereof the following: "(6) incumbent qualifying as a candidate to succeed himself as prescribed in Section 34-1002 (c) ; or, (7) filing a notice of candidacy for office of judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court as prescribed in Section 34-1002(c).", so that when so amended, Code Section 34-1001 shall read as follows: "Section 34-1001. Qualification of Candidates. Candidates may qualify for an election as hereinafter prescribed by virtue of (1) nomination in a primary conducted by a political party; (2) filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Section 34-1011; (3) nomination of presidential electors as prescribed by rules of political party; (4) substitute nomination of a political party or body as prescribed in Section 34-1003; (5) candidate in a special election as prescribed in Section 34-1002 (c); (fi) incumbent qualifying as a candidate to succeed himself as prescribed in Section 34-1002 (c) ; or, (7) filing a notice of candidacy for the office of judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court as prescribed in Section 34-1002 (c)." Section 2. Said Title is further amended by striking from subsection (c) of Code Section 34-1002, relating to filing notice of candidacy, the following: "or, (iv) an incumbent qualifying as a candidate to succeed himself if, prior to the election at which he was originally elected to the office and which he seeks re-election, such incumbent accompanied his notice of candidacy with a nomination petition.", and inserting in lieu thereof the following: "(iv) an incumbent qualifying as a candidate to succeed himself if, prior to the election at which he was originally elected to the office for which he seeks re-election, such incumbent accompanied his notice of candidacy with a nomination petition; or (v) a candidate seeking election to the office of judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court.", so that when so amended, subsection (c) shall read as follows: "(c) Each candidate shall accompany his notice of candidacy with a nominating petition in the form hereafter prescribed; except that such petition shall not be required if such candidate is: (i) a nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (ii) THURSDAY, JANUARY 17, 1974 163 a nominee of a political party nominated in a primary; (iii) seeking office in a special election; (iv) an incumbent qualifying as a candidate to succeed himself if, prior to the election at which he was originally elected to the office for which he seeks re-election, such incumbent accompanied his notice of candidacy with a nomination petition; or (v) a candidate seeking election to the office of judge of the superior court, judge of the Court of Appeals or Justice of the Supreme Court." Section 3. Said Title is further amended by adding at the end of Chapter 34-10, a new Code Section to be designated Section 34-1016, to read as follows: "Section 34-1016. Candidates for the Office of Judge of the Superior Court, Judge of the Court of Appeals or Justice of the Supreme Court. Any qualified person seeking election as a judge of a superior court, judge of the Court of Appeals or justice of the Supreme Court of this State shall be nominated in a nonpartisan general primary to be held and conducted at the same time as the general primary in each even-numbered year. A nominating petition shall not be required to place the name any such candidate on the ballot. Candidates for any such office may have their names placed on the ballot by filling a notice of candidacy as provided in Code Section 34-1002 (c) and by paying the requisite qualification fees as prescribed in this Title. The names of all candidates for the office of judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court shall appear on a separate ballot from the names of candidates for other offices, and no party designation or affiliation shall appear beside the name of any candidate for any such office. The candidate receiving a majority of the votes in the general primary shall be designated as the nominee for any such office and shall be the only candidate for such office to have his name placed on the general election ballot. In the event that a candidate at such general primary election does not receive a majority of the votes cast for such office, the two candidates receiving the highest number of votes for such office shall have their names placed on the ballot at the general election, and shall be designated as the nominees for such office. No candidates for any such office shall be nominated by a political party. In the event that a candidate at such general election does not receive a majority of the votes cast for such office, a run-off election shall be held as provided by this Title." Section 4. Said Title is further amended by adding a new subsection, to be designated subsection (h), at the end of Code Section 34-1103, relating to the form of official election ballots, as amended, to read as follows: "(h) The names of all candidates seeking election as judges of the superior courts, judges of the Court of Appeals or justice of the Supreme Court who were nominated at the nonpartisan general primary shall be separated on the ballots from the names of candidates seeking election to other offices. The placing of the names of such candidates on the ballot shall be designated by the Secretary of State. No party designation shall appear by the name of any such candidate. The incumbency of a candidate seeking election for the office of 164 JOURNAL OF THE HOUSE, judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court, which he then holds shall be indicated on the ballot. A separate cross or check mark must be placed in the square opposite the name of the candidate or candidates for the office of judge of the superior court, judge of the Court of Appeals or justice of the Supreme Court for whom the elector wishes to vote. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. The Secretary of State is hereby authorized to promulgate and adopt reasonable rules and regulations necessary to insure that electors are sufficiently notified that elections for judges of the superior courts, judges of the Court of Appeals and justices of the Supreme Court are nonpartisan and that electors are properly instructed as to the correct procedure for voting for the candidates for such offices." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered but could not be verified due to mechanical malfunction. On the passage of the Bill, by substitute, the ayes were 57, nays 69. The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost. Mr. Odom of the 114th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 187, by substitute, but had he been present would have voted "aye". Under the general order of business, the following Bill of the House was taken up for consideration and read the third time: HB 979. By Messrs. Jordan of the 58th, Farrar of the 52nd, Russell of the 53rd and others: A Bill to be entitled an Act to amend an Act providing that any Bill making a change in the amount of the compensation or allowances of any elected or appointed State official must be introduced in the General As- THURSDAY, JANUARY 17, 1974 165 sembly during the first 10 days of any session, so as to provide for fiscal notes evaluating Bills changing the salary or allowances; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Bray Brown, C. Buck 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 Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Ezzard Parrar Foster Fraser Geisinger Gignilliat Grantham Groover Harden Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDonald McKinney Miles Milford Morgan Moyer 'Mulherin Mullinax Nessmith Nix Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. 166 Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thomason JOURNAL OF THE HOUSE, Thompson Toles Town send Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wood Voting in the negative was L. R. Ployd. Those not voting were Messrs.: Alexander, W. M. Atherton Bond Brantley, H. L. Brown, B. D. Brown, S. P. Burruss Burton Chance Coney Dean, Gib Dollar Evans Floyd, J. H. Grahl Greer Hamilton Harrington Howard Howell Jessup Lambert Larsen, W. W. Mason McDaniell Noble Odom Peters Phillips, L. L. Smith, V. B. Ware Wilson, J. M. Wilson, M. L. Mr. Speaker On the passage of the Bill, the ayes were 145, nays 1. The Bill, having received the requisite constitutional majority, was passed. Mr. Rush of the 104th arose to a point of personal privilege and addressed the House. Mr. Rush of the 104th moved that the following Bill of the House, which passed the House and Senate during the 1973 Session of the General Assembly, the same being vetoed by the Governor's Veto No. 17, be taken up for the purpose of considering a motion to override the veto thereof: HB 411. By Messrs. Rush of the 104th, Irvin of the 10th, Jones of the 109th and others: A Bill to be entitled an Act to amend an Act known as the "Georgia Correctional Industries Act", so as to change the composition of the Georgia Correctional Industries Administration; and for other purposes. THURSDAY, JANUARY 17, 1974 167 Mr. Rush of the 104th moved that the Governor's Veto No. 17 on HB 411 be overridden. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, John Beckham Connell Edwards Evans Floyd, J. H. Grahl Hays Howard Irvin, J. Jones Lane, W. J. Larsen, W. W. Lowrey McDaniell Miles Mulherin Nessmith Northcutt Peters Those voting in the negative were Messrs. Adams, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Burton Busbee Carr Carrell Castleberry Chance Clark Cole Collins, S. Coney Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dickey Dixon Dorminy Duke Egan Elliott Ezzard Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Harden Harris, J. R. Hatcher Hawes Hill, B. L. Hudson Hutchinson Irvin, R. Irwin Johnson Jordan Keyton King Knight Kreeger Lane, Dick Larsen, G. K. Levitas Lewis Marcus Petro Roach Rush Russell, J. Sams Stephens Strickland Toles Twiggs Matthews, D. R. Mauldin McCracken Moyer Mullinax Odom Oxford Patten, G. C. Patten, R. L. Patterson Phillips, G. S. Ritchie Rogers Ross Russell, W. B. Shanahan Shepherd Sweat Thomason Thompson Townsend Turner Vaughn Waddle Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wood 168 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Adams, G. D. Alien Bond Brantley, H. L. Brown, B. D. Buck Burruss Carlisle Coleman Collins, M. Colwell Dean, J. E. Dent Dollar Ellis Farrar Hamilton Harrington Harris, J. P. Harrison Hill, G. Horton, G. T. Horton, W. L. Howell Jessup Lambert Lee Logan Mason Matthews, C. McDonald McKinney Milford Morgan Nix Noble Pearce Phillips, L. L. Pinkston Rainey Reaves Savage Smith, J. R. Smith, V. B. Snow Triplett Tucker Walker Wheeler, Bobby Wilson, J. M. Wilson, M. L. Mr. Speaker On the motion to override the Veto of HB 411, the ayes were 29, nays The motion was lost and the House refused to override the Governor's Veto No. 17 on HB 411. Under the general order of business, the following Bill of the House was again taken up for consideration: HB 93. By Mr. Levitas of the 50th: A Bill to be entitled an Act to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, so as to provide that it shall be unlawful for any person to possess certain knives during the commission or attempt to commit a felony; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, approved April 8, 1968 (Ga. Laws 1968, p. 982), so as to provide that it shall be unlawful for any person to possess certain knives during the commission or attempt to commit a felony; to repeal conflicting laws; and for other purposes. THURSDAY, JANUARY 17, 1974 169 BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. An Act providing that it shall be unlawful for any person to possess a firearm during commission or attempt to commit a felony, approved April 8, 1968 (Ga. Laws 1968, p. 982), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1, to read as follows: "Section 1. Any person who shall have on his person a firearm or uses a knife having a blade of three or more inches in length during the commission of, or the attempt to commit, any crime which is punishable by confinement and labor in the penitentiary shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement and labor in the penitentiary for a period of not less than one nor more than five years. Upon the second or subsequent conviction of a person under this Act, such person shall be punished by confinement and labor in the penitentiary for a period of not less than two nor more than fifteen years. Notwithstanding any other provision of law to the contrary, the sentence of any person imposed for violating the provisions of this Act shall not be suspended by the court and probationary sentence imposed in lieu thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: Messrs. Groover of the 75th and Levitas of the 50th move to amend the Committee substitute to HB 93 as follows: (a) On page 1, line 16, deleting the word: "uses". (b) and inserting on page 1, line 18, after the word "crime", the following: "against or involving the person of another, the unlawful entry into building or vehicle or the theft from a building or vehicle and which crime". (c) and on page 2, line 2, after the word "Act" adding the words "a second or subsequent time". An amendment, offered by Mr. Phillips of the 103rd, was read and ruled out of order. An amendment, offered by Mr. Strickland of the 116th, was read and withdrawn by unanimous consent. 170 JOURNAL OF THE HOUSE, The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passag'e of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burrv.ss Burton Busbee Carlisle Carr Carrell Castlebevry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Keyton King- Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Shanahan THURSDAY, JANUARY 17, 1974 171 Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those not voting were Messrs.: Brantley, H. H. Colwell Davis, E. T. Dean, J. E. Dollar Greer Howell Lambert McDonald Mover Phillips, L. L. Savage Smith, V. B. Wilson, J. M. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Under the general order of business, the following Bill and Resolution of the House and Senate were taken up for consideration and read the third time: HB 841. By Mr. McCracken of the 77th: A Bill to be entitled an Act to amend Code Section 23-1101, relating to the election, commissions, qualifications and removal of county surveyors, so as to provide that the requirement that every person holding the position of county surveyor shall be a qualified licensed surveyor shall not apply to certain surveyors; and for other purposes. The following amendment was read and adopted: Mr. Lane of the 40th moves to amend HB 841 so as to add "or municipal" after the word "county" wherever the same appears so as to include municipal survevors in this Act. 172 JOURNAL OP THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Colwell Coney Connell Daugherty Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Edwards Elliott Evans Ezzard Farrar Floyd, L. R. Foster Grahl Groover Hamilton Harden Harrington Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, J. R. Jessup Johnson Keyton King Knight Kreeger Lambert Lane, W. J. Larsen, W. W. Lee Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Rainey Reaves Ritchie Roach Rogers Rush Russell, J. Sams Shepherd Smith, V. B. Snow Stephens Strickland Sweat Toles Tucker Turner Twiggs Wall Ware Wheeler, Bobby Whitmire Williams Willis Wilson, M. L. Wood THURSDAY, JANUARY 17, 1974 173 Those voting- in the negative were Messrs.: Berlin Brown, S. P. Burton Busbee Colins, S. Davis, W. Dickey Egan Eraser Harris, J. F. Hatcher Hawes Horton, W. L. Larsen, G. K. Levitas Moyer Noble Russell, W. B. Thompson Triplett Vaughn Waddle Walker Those not voting were Messrs.: Adams, J. H. Alien Brantley, H. H. Carrell Davis, E. T. Dollar Ellis Floyd, J. H. Geisinger Gignilliat Grantham Greer Hill, G. Howell Irwin Jones Jordan Lane, Dick Lewis McDonald Phillips, L. L. Pinkston Ross Savage Shanahan Smith, J. R. Thomason Townsend Wamble Wheeler, J. A. Wilson, J. M. Mr. Speaker On the passage of the Bill, as amended, the ayes were 124, nays 23. The Bill, having received the requisite constitutional majority, was passed, as amended. 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 ten (10) per centum of the assessed value of all the taxable property therein; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section VII, of the Constitution is hereby amended by striking Paragraph I of said Section in its entirety and substituting in lieu thereof a new Paragraph I to read as follows: "Paragraph I. Debts of Counties and Cities. The debt hereafter incurred by an county, municipal corporation or political subdivision 174 JOURNAL OF THE HOUSE, of this State except as in this Constitution provided for, shall never exceed ten per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose to be held as prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political subdivisions of this State to pass upon the issuance, of bonds by such counties, municipal corporations and other political subdivisions of this State are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations or other political subdivisions made prior to January 1, 1945, shall not be affected hereby; provided, that any county or municipality of this State may accept and use funds granted by the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used for the purposes specified are to be repaid within a period of ten years. "Every county is hereby empowered to create debt, by way of borrowing from private individuals, firms, corporations, or partnerships, as well as from the State, for the purpose of paying the whole or part of the cost of property valuation and equalization programs for ad valorem tax purposes; to contract for the repayment thereof and to issue notes or other like instruments as evidence of the obligation to repay the debt so contracted without being subject to any limit as to amount of such debt so created and without the necessity of approval thereof by the qualified voters of that county; provided nevertheless that the debt shall be payable in one or more equal installments, one of which shall fall due at least each year, but which may fall due each month, the last of which shall mature not more than seven years from the date of creation and shall not bear interest in excess of five (5'v) per cent per annum on unpaid principal; and a tax shall be levied on the taxable property of the county as may be needed to repay such debt so created; provided, however, that no county shall be empowered to create debt under the provisions of this paragraph for the purposes of a property valuation and equalization program until such program and all contracts to be entered into pursuant thereto shall have been approved by the State Revenue Commissioner, and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried out in accordance with such Rules and Regulations pertaining to such programs as may be promulgated by the Commissioner. "All existing local constitutional amendments adopted prior to the ratification of this amendment relating to maximum bond debt limitation shall continue to be of full force and effect and shall not be affected by the ratification of this amendment." THURSDAY, JANUARY 17, 1974 175 Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: ( ) "YES Shall the Constitution be amended so as to provide that the debt incurred by any county, municipal corpora- ( ) NO tion or political subdivision shall never exceed ten (10) per centum of the assessed value of all the taxable property therein?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, ,1. H. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Coney Connell Daugherty Davis, W. Dean, Gib Dent Dickey Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Fraser Gignilliat Grahl Grantham Hamilton Harden Harrington Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup 176 Johnson Jones Jordan Keyton Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee Levitas Logan Marcus Mason . Matthews, C. McCracken McDaniell McDonald McKinney Miles Morgan JOURNAL OF THE HOUSE, -Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Oxford Patten, R. L. Pearce Peters Petro Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Snow Stephens Sweat Townsend Triplett Vaughn Waddle Walker Wall Wamble Ware Whitmire Williams Wilis Wilson, M. L. Wood Those voting in the negative were Messrs.: Adams, John Brantley, H. L. Cole Collins, M. Dixon Groover Lane, W. J. Lowrey Matthews, D. R. Mauldin Milford Odom Toles Those not voting were Messrs.: Adams, Marvin Blackshear Bostick Coleman Collins, S. Colwell Davis, E. T. Dean, J. E. Dean, N. Dollar Ezzard Floyd, J. H. Foster Geisinger Greer Harris, J. F. Howell Irwin Karrh King Larsen, W. W. Lewis Patten, G. C. Patter son Phillips, L. L. Smith, J. R. Smith, V. B. Strickland Thomason Thompson Tucker Turner Twiggs Wheeler, Bobby Wheeler, J. A. Wilson, J. M. Mr. Speaker On the adoption of the Resolution, the ayes were 130, nays 13. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. THURSDAY, JANUARY 17, 1974 177 The following communication was received from the Honorable Ben W. Fortson, Jr., Secretary of State: SECRETARY OF STATE State Capitol Atlanta 30334 January 15, 1974 Honorable Glenn Ellard Clerk of the House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of January 14, 1974, being numbers 76 through 108, in accordance with Act No. 1294, (H.B. 1210), Georgia Laws 1970. With best wishes, I am Enclosure Sincerely your friend, /s/ Ben W. Fortson, Jr. Secretary of State STATE OF GEORGIA Office of Secretary of State I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the two pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 76 through 108), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1974 Session of the Georgia General Assembly as of Monday, January 14, 1974, in accordance with Act No. 1294, Georgia Laws 1970. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 15th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-four and of the Independence of the United States of America the One Hundred and Ninety-eighth. (Seal). /s/ Ben W. Fortson, Jr. Secretary of State 178 JOURNAL OF THE HOUSE, 76. Ralph H. Witt City of Atlanta 2014 First Natl. Bank Tower Atlanta, Georgia 30303 77. Don Rooks Georgia School Boards Assn. Sheraton Biltmore, Mezzanine 817 West Peachtree Street Atlanta, Georgia 30383 78. R. B. Symonette Georgia Power Co. P. 0. Box 4545 Atlanta, Georgia 30302 71). John A. Roberts Georgia Power Co. P.O. Box 4545 Atlanta, Georgia 30302 80. Mrs. Merlyn E. Richardson Church Women United of Georgia 755 Park Lane Decatur, Georgia 30033 81. Virginia Stringer League of Women Voters 3166 Maple Drive, N. E. Suite 225 Atlanta, Georgia 30305 82. George C. Spence Georgia Osteopathic Medical Assn. 07 Hunting-ton Road, N. E. Atlanta, Georgia 30309 83. R. B. Edwards United Transportation Union 1653 Downing Circle Macon, Georgia 31206 84. E. C. Mitcham, Jr. Georgia Ass. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30032 85. Harold Joiner Georgia Forestry Association 1204 Carnegie BuildingAtlanta, Georgia 30303 86. Charles Skinner Georgia Motor Trucking Assn. 500 Piedmont Avenue, N. E. Atlanta, Georgia 30308 87. James D. King, Jr. Atlanta Chamber of Commerce 1300 Commerce BuildingAtlanta, Georgia 30303 THURSDAY, JANUARY 17, 1974 179 88. Hershel W. Farmer Seaboard Coast Line R. R. Co. 1800 First National Bank Tower Atlanta, Georgia 30303 89. Erie Holmes Petroleum Council of Georgia 161 Peachtree Street, N. E. Atlanta, Georgia 30303 90. Jim Groome Mead Corporation P. 0. Box 4417 Atlanta, Georgia 30302 91. Ed W. Hiles Georgia Savings & Loan League 1616 William Oliver Building Atlanta, Georgia 30303 92. Ina Evans Democratic Women of DeKalb 1020 Bouldercrest Drive, S. E. Atlanta, Georgia 30316 93. Dorothy P. Spence Georgia Assn., A. I. A. 230 Peachtree Street, N. E. Suite 2525 Atlanta, Georgia 30303 94. John N. Booth Southern Bell Telephone Co. 125 Perimeter Center West Atlanta, Georgia 30346 95. L. A. Wood, Jr. Southern Bell Telephone Co. 125 Perimeter Center West Atlanta, Georgia 30346 96. Hubert L. Harris, Jr. Citizens & Southern National Bank 99 Annex Atlanta, Georgia 30399 97. Jack W. Partridge, Jr. General Telephone Co. of the Southeast P. 0. Box 809 Moultrie, Georgia 31768 180 JOUBNAL OF THE HOUSE, 98. John B. Johnstone General Telephone Company of the Southeast P. 0. Box 249 Dalton, Georgia 30720 09. Kay McKenzie S. A. V. E. 2930 Habersham Road, N. W. Atlanta, Georgia 30305 100. Barbara Blum S. A. V. E, 205 River North Drive, N. W. Atlanta, Georgia 30328 101. Stuart Galishoff Common Cause 1700 Golden Gate Drive, N. W. Atlanta, Georgia 30309 102. Thomas C. Watson Independent Bankers Association of Georgia 350 East Paces Ferry Road, N. E. Atlanta, Georgia 30305 103. W. F. Jackson Brotherhood of Maintenance of Way Route 4 Forsyth, Georgia 31029 104. Dotsie Holmes League of Women Voters 346 Pinetree Drive, N. E. Atlanta, Georgia 30305 105. Robert Dokson Registered Agent Emmaus House Poverty Rights Office 153 Pryor Street, S. W. Atlanta, Georgia 30303 106. Margaret E. Cone Common Cause 3245 D Buford Highway, N. E. Atlanta, Georgia 30329 107. George B. Hooks Georgia Association of Independent Insurance Agents 1252 West Peachtree St., N. W. Atlanta, Georgia 30309 108. John P. Stevens First National Bank P. O. Box 4148 Atlanta, Georgia 30302 THURSDAY, JANUARY 17, 1974 181 The following' communication was received and read: HOUSE OF REPRESENTATIVES Atlanta, Georgia January 15, 1974 Honorable Glenn W. Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia Dear Jack: This is to advise you that I am removing myself from the following House Committees: APPROPRIATIONS BANKS AND BANKING RULES With kindest regards, I am Sincerely yours, /s/ Thomas B. Murphy Speaker TBM:eph CC: Honorable Ben W. Fortson, Jr., Secretary of State Honorable Frank Edwards, Legislative Counsel Honorable Gary Bond, Fiscal Officer Honorable James Floyd, Chairman, Appropriations Honorable W. M. Williams, Chairman, Banks & Banking Honorable George Busbee, Chairman, Rules The hour of 11:45, A. M. having arrived, pursuant to HR 438, adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address by His Excellency, Governor Jimmy Carter, was called to order by the President of the Senate. The Resolution calling for the Joint Session was read. Accompanied by his Committee of Escort and other distinguished guests, Governor Jimmy Carter appeared upon the floor of the House and delivered the following address: Lieutenant Governor Maddox, Speaker Murphy, Distinguished Members of the Senate and House, and My Fellow Georgians: 182 JOURNAL OF THE HOUSE, Before beginning my speech I would like to pay tribute to Henry Castleman, a man who, prior to hia death last year, was almost an institution in the Legislature. Henry was Doorkeeper of the Georgia Senate for almost 20 years. I have cared deeply for him since I first came to the Georgia Senate eleven years ago. He was a fine and decent man whom we all loved and respected. During the last two years under stable tax laws and a booming economy, we have seen dramatic growth in budgeted funds which have given Georgia's people effective new programs, substantial salary increases for our competent State Employees, and the first year of statewide property tax relief in history. We will write a different budget story for next year. Our beginning surplus will be down $00 million, we will have $50 million less federal revenue sharing funds, and the energy shortage will cost us another $67 million in tax receipts which we had earlier anticipated. This will be the first year in the history of Georgia budgeting that a governor has recommended an actual reduction in state spending I have given you a budget for the 1975 fiscal year which is $47 million less than the budget for the current year. This $47 million added to the almost $90 million increase that will be necessary just to keep up with inflation means that we are more than $135 million short of a true continuation budget. There is, however, no cause for alarm. A businesslike and meticulous budgeting procedure has permitted us to cut administrative costs and at the same time to maintain an adequate level of service brought about by the new programs begun in recent years. We began last Spring to plan for a tight and economical budget. We were soon clearly faced with three alternatives: 1) To recommend a general tax increase. This was ruled out as a violation of my own campaign promises and contradictory to your own commitments. 2) To cut existing programs and services for our people. 3) To propose a continuation budget with strict economies and some well chosen improvements in critical areas. We chose the third alternative. There are some needs for caution. First, the Departments have been cut to the bone and will have to absorb the expected U'i to R% inflation within the recommended budgets. This means that for many expenditures, the dollars we are appropriating will only be worth !)2r to 94( next year. THURSDAY, JANUARY 17, 1974 183 Second, construction for FY 1975 has been held to a minimum, and some of it is financed through bond sales. Additional conversion to borrowed money through bond financing may come back to haunt us in the immediate years ahead. Third, unexpected and abrupt changes in the costs of individual items within object classes must be accommodated. This next year in particular there is no way to predict what will happen to the cost of food, fuel, paper, transportation, construction, and contract services after the budget is approved and the Legislature adjourns. Our Departments must have adequate flexibility within the budget to meet changing circumstances and to permit proper management. I consider this to be a crucial Administrative authority on which there can be no encroachment. With proper management, the economy of our government is sound. Early submission of the Budget to you has permitted a more thorough analysis of its contents prior to this message. This is an excellent example of the kind of cooperation which has always been demonstrated by this great Legislature since I have been Governor. Because of this two-week head-start on normal procedures, there is no need for me to cover the Budget document in detail. But there are some notable features which need to be emphasized. We have been legitimately concerned about the damaging effect of energy shortages on our economic future. An even greater threat is the almost unprecedented inflation. Up until this past year, the increase in the National Consumer Price Index had been higher than normal, but less than '/<) percent per annum. (c) Any motor vehicle liability policies in force on May 1, 1975, 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 9. Proof of insurance. From and after January 1, 1975, no motor vehicle required to be insured under this Act shall be licensed by the State of Georgia until the owner has made satisfactory proof to the licensing authorities that there is in effect for the calendar year covered by the license tag the minimum insurance coverage required by this Act. In the event the insurance is revoked for any WEDNESDAY, JANUARY 23, 1974 357 reason, such revocation shall not be effective until five (5) days after the insurer has notified the Department of Public Safety of the revocation of said insurance coverage. Section 10. Penalties. An owner who knowingly operates, or knowingly authorizes another to operate, a motor vehicle without effective insurance thereon as required by this Act shall be guilty of a misdemeanor, punishable as such. Section 11. Severability. If any provision of this Act or the application thereof to any person or circumstance is held unconstitutional, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby and it shall be conclusively presumed that the legislature would have enacted the remainder of this Act without such invalid or unconstitutional provision. Section 12. Effective dates of this Act. Sections 8 and 9 of this Act shall become effective October 1, 1974. All other provisions of this Act shall become effective March 1, 1975, and shall not apply to accidents or injuries occurring before said date. Section 13. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. McCracken of the 77th moved that the House disagree to the Senate substitute to HB 78. The motion prevailed and the Senate substitute to HB 78 was disagreed to. Under the general order of business, the following Bill of the House was taken up for consideration and read the third time: HB 1374. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Chapter 26-25, relating to crimes involving obstruction of law enforcement, so as to provide that it shall be unlawful for any person to tamper with evidence or plant false evidence with intent to prevent the apprehension or obstruct the prosecution or defense of any person; and for other purposes. The following Committee substitute was read and adopted: A BILL To be entitled an Act to amend Code Chapter 26-25, relating to crimes involving obstruction of law enforcement, as amended, so as 358 JOURNAL OP THE HOUSE, to provide that it shall be unlawful for any person to tamper with evidence or plant false evidence with intent to prevent the apprehension or cause the wrongful apprehension or obstruct the prosecution or defense of any person; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Code Chapter 26-25, relating to crimes involving obstruction of law enforcement, as amended, is hereby amended by adding at the end thereof a new Code Section to be designated Code Section 26-2510, to read as follows: "26-2510. Tampering with Evidence. (a) A person commits the offense of tampering with evidence when, with the intent to prevent the apprehension or cause the wrongful apprehension of any person or to obstruct the prosecution or defense of any person, he knowingly destroys, alters, conceals or disguises physical evidence, or makes, devises, prepares or plants false evidence. Nothing in this Section shall be deemed to abrogate or alter any privilege which any person is entitled to claim under existing laws. (b) Any person violating the provisions of this Code Section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Blaekshear Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carrell Castleberry Chance Clark Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Dean, Gib WEDNESDAY, JANUARY 23, 1974 359 Dean, J. E. Dean, N. Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Geisinger Gignilliat Grab.]. Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson, R. Jones Jordan Karrah Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Milford Morgan Moyer Mullinax Nessmith Nix Odom Patten, R. L. Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker 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.: Beckham Bohannon Carr Cole Davis, W. Dent Dollar Ezzard Floyd, J. H. Foster Fraser Groover Keyton King Miles Mulherin Noble Northcutt Oxford Patten, G. C. Patterson Sams Shepherd Strickland Thomason Townsend Turner Wamble Mr. Speaker On the passage of the Bill, by substitute, the ayes were 151, nays 0. 360 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, by substitute. Mr. Groover of the 75th arose to a point of personal privilege and addressed the House. The following Bill of the House, having been passed by the House and Senate during the 1973 Session of the General Assembly and having been vetoed by the Governor's Veto No. 26, was taken up for the purpose of considering a motion to override the Governor's veto thereof: HB 1082. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to provide that the homestead of each resident of certain counties (population not less than 45,000 and not more than 50,000) who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes; and for other purposes. Mr. Bohannon of the 64th moved that the House override the Governor's Veto No. 26 of HB 1082. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carrell Castleberry Chance Clark Cole Coleman Collins, S. 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 Floyd, L. R. Foster Geisinger Grahl Grantham Greer Hamilton Harden Harrington Harris, J. R. WEDNESDAY, JANUARY 23, 1974 361 Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin,R. Jessup Jones Jordan Karrh King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Logan Lowrey Marcus Mason McDaniell McKinney Miles Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker Twiggs Waddle Wall Ware Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Berlin Eraser Harrison Mauldin Odom Phillips, L. L. Those not voting were Messrs.: Atherton Blackshear Carr Collins, M. Colwell Dixon Ellis Ezzard Floyd, J. H. Gignilliat Groover Harris, J. F. Hill, B. L. Irvin, J. Irwin, J. R. Johnson Keyton Lambert Larsen, W. W. Lewis Matthews, C. Matthews, D. R. McCracken McDonald Milford Patten, R. L. Reaves Ritchie Shepherd Strickland Thomason Townsend Turner Vaughn Walker Wamble Wheeler, Bobby Wilson, J. M. Mr. Speaker On the motion, the ayes were 135, nays 6. The motion prevailed and the Governor's Veto No. 26 of HB 1082 was overridden by the House. 362 JOURNAL OF THE HOUSE, The following Bill of the House, having been passed by the House and Senate during the 1973 Session of the General Assembly and having been vetoed by the Governor's Veto No. 23, was taken up for the purpose of considering a motion to override the Governor's veto thereof: HB 1059. By Mr. Miles of the 79th : A Bill to be entitled an Act to provide that the homestead of each resident of the Richmond County School District who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such school system; and for other purposes. Mr. Miles of the 79th moved that the House override the Governor's Veto No. 23 of HB 1059. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantly, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Evans Farrar Floyd, L. R. Foster Geisinger Grahl Grantham Hamilton Harden Harrington Harris, J. R. Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R. Jessup Jones Jordan Karrh Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Logan Lowrey Marcus Mason Matthews, C. McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patterson Pearce WEDNESDAY, JANUARY 23, 1974 363 Peters Petro Phillips, G. S. Pinkston Rainey Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker Twiggs Waddle Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Berlin Eraser Harrison Mauldin Odom Phillips, L. L. Those not voting were Messrs.: Atherton Collins, M. Colwell Ellis Ezzard Floyd, J. H. Gignilliat Greer Groover Harris, J. F. Hill, B. L. Irvin, J. Irwin, J. R. Johnson KKienygt-on Knight Lambert Lewis Matthews, D. R. McCracken McDonald Patten, R. L. Reaves Ritchie Shepherd Strickland Thomason Townsend Turner Vaughn Walker Wamble Wilson, J M. Mr. Speaker On the motion, the ayes were 139, nays 6. The motion prevailed and the Governor's Veto No. 23 of HB 1059 was overridden by the House. The following Bill of the House, having been passed in the House and Senate during the 1973 Session of the General Assembly and having been vetoed by the Governor's Veto No. 24, was taken up for the purpose of considering a motion to override the Governor's veto thereof: 364 JOURNAL OF THE HOUSE, HB 1071. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A Bill to be entitled an Act to exempt from all ad valorem taxation for educational purposes levied by certain county school districts (population not less than 90,000 and not more than 140,000) the homestead of any resident of any such county school district who is 62 years of age, or older, and who has income from all sources of all members of his family, not exceeding $6,000 per annum; and for other purposes. Mr. Northcutt of the 68th moved that the House override the Governor's Veto No. 24 of HB 1071. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. 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 Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Hamilton Harden Harrington Harris, J. R. Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, R. Jessup Johnson Jones Jordan Karrh King Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, D. R. McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Oxford Patterson Pearce WEDNESDAY, JANUARY 23, 1974 365 Peters Petro Phillips, G. S. Pinkston Rainey Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Triplett Tucker Waddle Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Berlin Fraser Harrison Howell Mauldin Odom Phillips, L. L. Those not voting were Messrs.: Atherton Bostick Collins, M. Colwell Dixon Ellis Ezzard Floyd, J. H. Greer Groover Harris, J. F. Hill, B. L. Irvin, J. Irwin, J. R. Keyton Knight Lambert Larsen, G. K. Matthews, C. McDonald Patten, G. C. Patten, R. L. Reaves Ritchie Shepherd Strickland Thomason Townsend Turner Twiggs Vaughn Walker Wamble Wilson, J. M. Mr. Speaker On the motion, the ayes were 138, nays 7. The motion prevailed and the Governor's Veto No. 24 of HB 1071 was overriden by the House. Pursuant to the provisions of HR 480, adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Ben W. Fortson, Jr., Secretary of State, was called to order by the President of the Senate, the Honorable Lester G. Maddox. The Resolution calling for the Joint Session was read. 366 JOURNAL OF THE HOUSE, Accompanied by His Excellency, Governor Jimmy Carter, the Committee of Escort and other distinguished guests, the Honorable Ben W. Portson, Jr., Secretary of State, appeared upon the floor of the House and addressed the members of the General Assembly. Senator Holley of the 22nd moved that the Joint Session be dissolved and the motion prevailed. The President of the Senate announced the Joint Session dissolved. The Speaker called the House to order. Under the general order of business, the following Bill of the House was taken up for consideration and read the third time: HB 244. By Messrs. Brown, Dickey and Berlin of the 89th and Adams of the 36th: A Bill to be entitled an Act to revise, classify, consolidate and modernize present laws relating to the rules of the road for traffic and to establish new laws relating thereto; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to revise, classify, consolidate, and modernize present laws relating to the rules of the road for traffic and to establish new laws relating thereto; to codify such laws as Title 68A of the Code of Georgia of 1933, as amended; to provide a short title for this Title; to define terms used in this Title; to provide for obedience to and the effect of traffic laws; to provide for the erection of and obedience to traffic signs, signals and markings; to specify the requirements for driving on the right side of roadway, overtaking and passing, and using roadways; to prescribe the rules for right-of-way; to define pedestrian's rights and duties; to regulate turning and starting signals or stopping and turning; to require special stops; to prescribe speed restrictions; to define serious traffic offenses; to regulate stopping, standing and parking; to provide miscellaneous rules; to regulate the operation of bicycles and playthings; to provide special rules for motorcycles; to provide special rules for motorized carts; to provide for adoption of all or part of this Title by municipalities; to provide for the severability of the provisions of this Act; to repeal conflicting laws; and for other purposes. WEDNESDAY, JANUARY 23, 1974 367 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Code of Georgia of 1933 is hereby amended by adding thereto, the following Title 68A which shall be known as "The Uniform Rules of the Road." "ARTICLE I DEFINITION: OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS 68-101. General Definitions. The following words and phrases, wherever used in this Title, shall have the meaning as in this Section ascribed to them unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the Section of which they are a part. (1) Alley. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. (2) Arterial street. Any U. S. or State-numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways. (3) Authorized emergency vehicle. A motor vehicle belonging to a public utility corporation and designated as an emergency vehicle by the Department of Public Safety, a motor vehicle belonging to a fire department or certified private vehicle belonging to a volunteer fireman, or firefighting association, partnership or corporation, an ambulance, or a motor vehicle belonging to a federal, state or local law enforcement agency; provided said vehicles are in use as an emergency vehicle by one authorized to use said vehicle for that purpose. (4) Bicycle. Every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than 13 inches in diameter. (5) Bus. Every motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (6) Business district. The territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway. 368 JOURNAL OF THE HOUSE, (7) Controlled-access highway. Every highway, street or. roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. (8) Crosswalk. (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (9) Department. The Department of Public Safety of Georgia. (10) Divided highway. A highway divided into two or more roadways by leaving an intervening space or by a physical barrier or by a clearly indicated dividing section so constructed as to impede vehicular traffic. (11) Driver. Every person who drives or is in actual physical control of a vehicle. (12) Driver's license. Any license to operate a motor vehicle issued under the laws of this State. (13) Explosives. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. (14) Flammable liquid. Any liquid which has a flash point of 80 degrees F., or less as determined by a tagliabue or equivalent closed-cup device. (15) Gross weight. The weight of a vehicle without load plus the weight of any load thereon. (16) Highway. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (17) House trailer. (a) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, or living abode WEDNESDAY, JANUARY 23, 1974 369 (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways, or (b) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services, or for another commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (18) Intersection. (a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (b) Where a highway includes two roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty (30) feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. (c) The junction of an alley with a street or highway shall not constitute an intersection. (19) Laned roadway. A roadway which is divided into two or more clearly marked lanes for vehicular traffic. (20) License or license to operate a motor vehicle. Any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State including: (a) Any temporary license or instruction permit; (b) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license; (c) Any nonresident's operating privilege as defined herein. (21) Local authorities. Every county, municipal and other local board or body having authority to enact laws relating to traffic under the Constitution and laws of this State. (22) Metal tire. Every tire the surface of which in contact with the highway is wholly or partly metal or other hard, nonresilient material. (23) Motor home. Every motor vehicle designed, used, or 370 JOURNAL OF THE HOUSE, maintained primarily as a mobile dwelling', office or commercial space. (24) Motor vehicle. Every vehicle which is self-propelled. (25) Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. (26) Motor driven cycle. Every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower, and every bicycle with a motor attached. (27) Nonresident. Every person who is not a resident of this State. (28) Nonresident's operating privilege. The privilege is conferred upon a nonresident by the laws of this State pertaining to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person in this State. (29) Official traffic-control devices. All signs, signals, markings and devices not inconsistent with this Title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. (30) Owner. A person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in or lien by another person, but excludes a lessee under a lease not intended as security. (31) Park or parking. Means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. (32) Passenger car. Every motor vehicle, except motorcycles and motor-driven cycles, designed for carrying 10 passengers or less and used for the transportation of persons. (33) Pedestrian. Any person afoot. (34) Person. Every natural person, firm, copartnership, association, or corporation. (35) Pneumatic tire. Every tire in which compressed air is designed to support the load. (36) Pole trailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or other- WEDNESDAY, JANUARY 23, 1974 371 wise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (37) Police officer. Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (38) Private road or driveway. Every way or place in private ownership and used for vehicular traffic by the owner and those having express or implied permission from the owner, but not by other persons. (39) Railroad. A carrier of persons or property upon cars operated upon stationary rails. (40) Railroad sign or signal. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (41) Railroad train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. (42) Residence district. The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business. (43) Right-of-way. The right of one vehicle or pedestrian to . proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. (44) Roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways the term 'roadway' as used herein shall refer to any such roadway separately but not to all such roadways collectively. (45) Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (46) School bus. (a) A motor vehicle operated for the transportation of school children to and from school or school activities in a bus which meets the equipment requirements of Section 68A-706(b) and (c) ; 372 JOURNAL OF THE HOUSE, (b) A motor vehicle operated by a local transit system, which shall meet the equipment and identification requirements of Section 68A-706(c) of this Title, provided, however, that such vehicle shall be a school bus only while transporting school children and no other passengers, to or from school. (47) Semitrailer. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (48) Sidewalk. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians. (49) Special mobile equipment. Every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, levelling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and drag lines, and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. (50) Stand or standing. Means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (51) State. A state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of Canada. (52) Stop. When required means complete cessation from movement. (53) Stop or stopping. When prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. (54) Street. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (55) Through highway. Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and WEDNESDAY, JANUARY 23, 1974 373 at the entrances to which vehicular traffic from intersecting highways is required hy law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic-control device, when such signs or devices are erected as provided in this Title. (56) Traffic. Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purposes of travel. (57) Traffic-control signal. Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. (58) Trailer. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. (59) Truck. Every motor vehicle designed, used or maintained primarily for the transportation of property. (60) Truck camper. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space. (61) Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (62) Urban district. The territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more. (63) Vehicle. Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. 68A-102. Required obedience to traffic laws. It is unlawful and, unless otherwise declared in this Title with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this Title. 68A-103. Provisions of Title to refer to vehicles upon the highways exceptions. The provisions of this Title relating to the operation of vehicles refer to the operation of vehicles upon highways except: 374 JOURNAL OF THE HOUSE, (a) Where a different place is specifically referred to in a given Section. (b) The provisions of this Title shall apply to a vehicle operated at shopping centers or parking lots or similar areas which although privately owned are customarily used by the public as a through street or connector street. (c) The provisions relating to reckless driving, driving while under the influence of intoxicating liquors or drugs, and homicide by vehicle shall apply to vehicles operated upon highways and elsewhere throughout the State. 68A-104. Obedience to authorized persons directing traffic. No person shall willfully fail or refuse or comply with any lawful order or direction of any police officer or fireman invested by law with authority to direct, control or regulate traffic. 68A-105. Persons riding animals or driving animal-drawn vehicles. Every person riding an animal or driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Title, except those provisions of this Title which by their very nature can have no application. 68A-106. Persons working on highways exceptions. Unless specifically made applicable, the provisions of this Title except those contained in Article IX hereof shall not apply to authorized persons, teams, motor vehicles and other equipment while actually engaged in work upon a highway, but shall apply to such persons and vehicles when traveling to or from such work. 68A-107. Authorized emergency vehicles. (a) The driver of an authorized emergency vehicle, when responding to ah emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Section. (b) The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of this Title; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; WEDNESDAY, JANUARY 23, 1974 375 (3) Exceed the maximum speed limits so long as he does not endanger life or property; (4) Disregard regulations governing direction of movement or turning in specified directions. (c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal meeting the requirements of Section 116(d) of an Act approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., pp. 556, 612; Ga. Code Ann. Section 68-1716(d)), as now or as hereafter amended, and use of a flashing or revolving red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that a vehicle belonging to a federal, state or local law enforcement agency and operated as such shall be making use of a flashing or revolving' blue light with the same visibility to the front of the vehicle. (d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons. (e) It shall be unlawful for any person to operate an authorized emergency vehicle with flashing lights other than as authorized by subsection (c) or by Section 3 of an Act approved April 6, 1972 (Ga. Laws 1972, p. 1092, Ga. Code Ann. Section 681604), as now or as hereafter amended, allowing the Department of Public Safety to issue permits for the use of flashing or revolving amber lights. ARTICLE II TRAFFIC SIGNS, SIGNALS AND MARKINGS 68A-201. Obedience to and required traffic-control devices. (a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with the provisions of this Title, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Title. (b) No provisions of this Title for which official trafficcontrol devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Section does not state official traffic-control devices are required, such Section shall be effective even though no devices are erected or in place. (c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this Title, such devices shall be presumed to have been so placed by 376 JOURNAL OF THE HOUSE, the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (d) Any official traffic-control device placed pursuant to the provisions of this Title and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this Title, unless the contrary shall be established by competent evidence. 68A-202. Meaning of signal indications. The following meanings shall be given to highway traffic signal indications, except those on pedestrian signals: (a) Green indications shall have the following meanings: (1) Traffic, except pedestrians, facing a CIRCULAR GREEN may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles, and to pedestrians lawfully within the intersection of an adjacent crosswalk, at the time such signal is exhibited. (2) Traffic, except pedestrians, facing a GREEN ARROW, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. (3) Unless otherwise directed by a pedestrian signal, pedestrians facing any green indication, except when the sole green indication is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk. (b) Steady yellow indications shall have the following meanings: (1) Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW signal is thereby warned that the related green movement is being terminated, or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. (2) Pedestrians facing a steady CIRCULAR YELLOW or YELLOW ARROW signal, unless otherwise directed by a pedestrian signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway. (c) Steady red indications shall have the following meanings: WEDNESDAY, JANUARY 23, 1974 377 (1) Traffic, except pedestrians, facing a steady CIRCULAR RED signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in subsection 2 below. (2) When a sign is in place permitting a turn, traffic, except pedestrians, facing a steady CIRCULAR RED signal may cautiously enter the intersection to make the turn indicated by such sign after stopping as provided in subsection 1 above. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. (3) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady CIRCULAR RED signal alone shall not enter the roadway. (4) Traffic, except pedestrians, facing a steady RED ARROW indication may not enter the intersection to make the movement indicated by such arrow, and unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to make the movement indicated by such arrow is shown. (5) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady RED ARROW signal indication shall not enter the roadway. (d) In the event an official traffic-control device signal is erected and maintained at a place other than an intersection, the provisions of this Section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a signal or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the signal. 68A-203. Pedestrian-control signals. Whenever special pedestrian-control signals exhibiting the words WALK or DON'T WALK are in place, such signals shall indicate as follows: (a) Plashing or steady WALK. Pedestrians facing such signal may proceed across the roadway in the direction of the signal. Every driver of a vehicle shall yield the right-of-way to such pedestrians. 378 JOURNAL OF THE HOUSE, (b) Flashing or steady DON'T WALK. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the WALK signal shall proceed to a sidewalk or safety island while the DON'T WALK signal is showing. 68A-204. Flashing signals. (a) Flashing signal indications shall have the following meanings: (1) Flashing red (stop signal) When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. (2) Flashing yellow (caution signal) When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. 68A-204.1. Lane-direction control signals. When lane-direction-control signals are placed over the individual lanes of a street or road, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown. 68A-205. Display of unauthorized signs, signals or markings. (a) No person shall place, maintain, or display upon or in view of any highway any signs, signal, marking or device which purports to be or is an imitation of or resembles an official trafficcontrol device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interfers with the effectiveness of an official traffic-control device or any railroad sign or signal. (b) No person shall maintain or place nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. (c) This Section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. (d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having juris- WEDNESDAY, JANUARY 23, 1974 379 diction over the highway is hereby empowered to remove the same or cause it to he removed without notice. 68A-206. Interference with official traffic control devices or railroad signs or signals. (a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof. (h) No person shall, without lawful authority, drive around, through or ignore any official traffic-control device so as to go onto an officially closed highway or road or onto a section of highway or road before it has been officially opened to the public. This Section shall not apply to police officers in the performance of their duties; to individuals domiciled or making their livelihood within the affected area; to any person authorized to be in the affected area by the appropriate municipal, county, or state officer. ARTICLE III DRIVING ON RIGHT SIDE OF ROADWAY OVERTAKING AND PASSING USE OP ROADWAY 68A-301. Drive on right side of roadway exceptions. (a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such a distance as to constitute an immediate hazard; (3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or (4) Upon a roadway restricted to one-way traffic. (b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the fight-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. 380 JOURNAL OF THE HOUSE, (c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (a) 2 hereof. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway. (d) No two vehicles shall impede the normal flow of traffic by traveling side by side at the same time while in adjacent lanes: Provided, that this Section shall not be construed to prevent vehicles traveling side by side in adjacent lanes because of congested traffic conditions. 68A-302. Passing vehicles proceeding in opposite directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway or as nearly as possible. 68A-303. Overtaking a vehicle on the left. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated: (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. G8A-304. When overtaking on the right is permitted. (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (1) When the vehicle overtaken is making or about to make a left turn; (2) Upon a street or highway with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction being traveled by the overtaking vehicle. WEDNESDAY, JANUARY 23, 1974 381 (b) If otherwise authorized the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway. 68A-305. Limitations on overtaking on the left. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle. 68A-306. Further limitations on driving on left of center of roadway. (a) No vehicle shall be driven on the left side of a roadway designed and authorized for traffic traveling in opposite directions under the following conditions: (1) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing; (3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel. (b) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in Section 68A-301 (a) (2) of this Title nor to the driver of a vehicle turning left into or from an alley, private road, driveway or roadway. 68A-307. No-passing zones. (a) The Department of Transportation of Georgia and local authorities are hereby authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving to the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the 382 JOURNAL OF THE HOUSE, directions thereof. Such no-passing zones shall be clearly marked by a solid barrier line placed on the right-hand element of a combination stripe along the center or lane line. (b) Where signs or markings are in place to define a nopassing zone as set forth in subsection (a) no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length. (c) This Section does not apply under the conditions described in Section 68A-301(a) (2) of this Title, nor to the driver of a vehicle turning left into or from an alley, private road or driveway. 68A-308. One-way roadways and rotary traffic islands. (a) The Department of Transportation of Georgia and local authorities with respect to highways under their respective jurisdictions may designate any highway, roadway, part of a roadway or specific lanes upon which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic control devices. (b) Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices. (c) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. 68A-309. Driving on roadways laned for traffic. Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply: (a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (b) Upon a roadway which is divided into three lanes, and provides for two-way movement of traffic, with two lanes in one direction, a vehicle being driven in a continuous or center lane shall have the right-of-way when overtaking and passing another vehicle traveling in the same direction. (c) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated ex- WEDNESDAY, JANUARY 23, 1974 383 clusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic control devices or road striping. (d) Official traffic control devices may be erected directing specified traffic, including but not limited to buses or trucks, to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device. (e) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device. 68A-310. Following too closely. (a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. (b) The driver of any motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle. (c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions, parades or other groups of vehicles if such groups of vehicles are under the supervision and control of a law enforcement agency. 68A-311. Driving on divided highways. Every vehicle driven on a divided highway shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing space or at a crossover or intersection as established, unless specifically prohibited by an official sign, signal, or control device. 68A-312. Restricted access. 384 JOURNAL OF THE HOUSE, No person shall drive a vehicle onto or from any controlledaccess roadway except at such entrances and exits as are established by public authority. 68A-313. Restrictions on use of controlled-access highway. (a) The Department of Transportation of Georgia by order and local authorities by ordinance may regulate or prohibit the use of any controlled-access roadway within their respective jurisdictions by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic. (b) Said Department or the local authority adopting any such prohibition shall erect and maintain official traffic control devices on the controlled-access highway on which such prohibitions are applicable and when in place no person shall disobey the restrictions stated on such devices. ARTICLE IV RIGHT-OP-WAY 68A-401. Vehicle approaching or entering intersection. (a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right, provided that when a vehicle approaches or enters an intersection with no stop signs or other traffic control devices from a highway that terminates at the intersection, the driver of said vehicle shall yield the right-of-way to the other vehicle, whether the latter vehicle be on his right or left. (b) The right-of-way rule declared in paragraph (a) is modified at through highways and otherwise as stated in this Title. 68A-402. Vehicle turning left. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. 68A-403. Stop signs and yield signs. (a) Preferential right-of-way may be indicated by stop signs or yield signs as authorized in Georgia Code Section 95A-901(a), as now or hereinafter amended. (b) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly WEDNESDAY, JANUARY 23, 1974 385 marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways. (c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk or the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-ofway to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways. Provided, however, that if such a driver is involved in a collision with a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right-of-way. 68A-404. Vehicle entering roadway. The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed. 68A-405. Operation of vehicles on approach of authorized emergency vehicles. (a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of Section 116(d) of an Act approved January 11, 1954 (Ga. Laws 1953, Nov. Sess., pp. 556, 612) and visual signals meeting the requirements of Section 68A-107 of this Act or of a vehicle belonging to a federal, state or local law enforcement agency, properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (b) This section shall not operate to relieve the driver of any authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using that highway. 68A-406. Highway construction and maintenance vehicles. 386 JOURNAL OF THE HOUSE, (a) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work' upon a highway within any highway construction or maintenance area indicated by official traffic control devices. (b) The driver of a vehicle shall yield the right-of-way to an authorized vehicle actually engaged in work upon a highway whenever such vehicle displays flashing or revolving amber lights meeting the requirements of Section 102 of an Act approved January 11, 1954 (Ga. Laws 1953, Nov. Sess., pp. 556, 602), as now or as hereafter amended, and has a permit to use such amber lights as required by Section 3 of an Act approved April 6, 1972 (Ga. Laws 1972, p. 1002), as now or as hereafter amended. ARTICLE V PEDESTRIANS' RIGHTS AND DUTIES 68A-501. Pedestrian obedience to traffic control devices and traffic regulations. (a) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to him, unless otherwise directed by a police officer. (b) Pedestrians shall be subject to traffic and pedestrian control signals as provided in Section 68A-202 and 68A-203 of this Title. (c) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this Title. 68A-502. Pedestrians' right-of-way in crosswalks. (a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. (b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield. (c) Subsection (a) shall not apply under the conditions stated in Section 68A-503(b) of this Title. (d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a WEDNESDAY, JANUARY 23, 1974 387 pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. 68A-503. Crossing at other than crosswalks. (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway, unless he has already, and under safe conditions, entered the roadway. (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing. (c) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. (d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements. 68A-504. Drivers to exercise due care. Notwithstanding other provisions of this Title, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person. 68A-504.1. Blind pedestrian right-of-way. The driver of every vehicle shall yield the right-of-way to any blind pedestrian who is carrying a walking cane or stick white in color or white tipped with red or who is accompanied by a guide dog. 68A-505. Pedestrians to use right half of crosswalks. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. 68A-505.1. Pedestrians under the influence. A person who is under the influence of intoxicating liquor or any drug to a degree which renders himself a hazard shall not walk or be upon any roadway. 388 JOURNAL OF THE HOUSE, 68A-506. Pedestrians on highways. (a) Where a sidewalk is provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (b) Where a sidewalk is not provided but a shoulder is available, any pedestrian walking along and upon a highway shall wauk only on the shoulder, as far as practicable from the edge of the roadway. (c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-lane roadway, shall walk only on the left side of the roadway. (d) Except as otherwise provided in this Title, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway. (e) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. (f) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed. 68A-507. Pedestrians soliciting rides or business. (a) No person shall stand in a roadway for the purpose of soliciting a ride. (b) No person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle. (c) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. 68A-508. Driving through safety zone prohibited. No vehicle shall at any time be driven through or within a safety zone. 68A-509. Pedestrians' right-of-way on sidewalks. The driver of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk. G8A-510. Pedestrians yield to authorized emergency vehicles. WEDNESDAY, JANUARY 23, 1974 339 (a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of Section 116(d) of an Act approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., pp. 556, 612), as now or as hereafter amended, and visual and audible signals meeting the requirements of 68A-106 of this Act, every pedestrian shall yield the right-of-way to the authorized emergency vehicle. (b) This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor from the duty to exercise due care to avoid colliding with any pedestrian. ARTICLE VI TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING 68A-601. Required position and methods of turning at intersections. The driver of a vehicle intending to turn at an intersection shall do so as follows: (a) Right turn. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. (b) Left turn. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered. (c) The Department of Transportation of Georgia and local authorities in their respective jurisdictions may cause official traffic control devices to be placed within or adjacent to intersections or other locations and thereby required and directed that a different course from that specified in this Section be traveled by turning vehicles, and when such devices are so placed, no driver of a vehicle shall turn a vehicle other than as directed and required by such devices. 68A-602. Turning on curve or crest of grade prohibited. No vehicle shall be turned so as to proceed in the opposite direction: (a) upon any curve, 390 JOURNAL OF THE HOUSE, (b) upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of another vehicle approaching from either direction, or (c) where such turn cannot be made in safety and without interfering with other traffic. 68A-603. Starting parked vehicle. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 68A-601 of this Title, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or change lanes or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate and timely signal in the manner hereinafter provided. (b) A signal of intention to turn right or left or change lanes when required shall be given continuously for a time sufficient to alert the driver of a vehicle proceeding from the rear in the same direction or a driver of a vehicle approaching from the opposite direction. (c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is an opportunity to give such signal. (d) The signals provided for in Section 68A-605(b) of this Title shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or 'do pass' signal to operators of other vehicles approaching from the 68A-605. Signals by hand and arm or signal lamps. (a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (b) of this Section. (b) Any motor vehicle in use on a highway shall be equipped with, and a required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limits of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles. WEDNESDAY, JANUARY 23, 1974 391 68A-606. Method of giving hand and arm signals. All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows: (a) Left turn. Hand and arm extended horizontally. (b) Right turn. Hand and arm extended upward. (c) Stop or decrease speed. .Hand and arm extended downward. ARTICLE VII SPECIAL STOPS REQUIRED 68A-701. Obedience to signal indicating approach of train. (a) Whenever any person driving a vehicle approaches a railroad grade crossing, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall not proceed until he can do so safely, when: (1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train; (2) A crossing gate is lowered, or when a human flagman gives or continues to give a signal of the approach of the passage of a train; (3) An approaching train is plainly visible and is in hazardous proximity to such crossing. (b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. 68A-702. All vehicles must stop at certain railroad grade crossings. The Department of Transportation of Georgia and local authorities with the approval of said Department are hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected, the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon exercising due care. 68A-703. Certain vehicles must stop at all railroad crossings. 392 JOURNAL OF THE HOUSE, (a) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so, the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks. (b) No stop need be made at any such crossing where a police officer or a traffic control signal directs traffic to proceed. 68A-704. Moving heavy equipment at railroad grade crossings. (a) No person shall operate or move a crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this Section. (b) Notice of any such intended crossing shall be given to a station agency of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing. (c) Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped, shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely. (d) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction. 68A-705. Emerging from alley, driveway or building. The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building en- WEDNESDAY, JANUARY 23, 1974 393 trance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon, 68A-706. Overtaking and passing school bus. (a) The driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching such school bus when there is in operation on said school bus the visual signals as specified in subsections (b) and (c) of this Section and said driver shall not proceed until such school bus resumes motion, or the visual signals are no longer actuated. (b) Every school bus as defined in Section 68A-101(46) (a) of this Title shall be painted yellow and identified and equipped as provided in Section 89 of an Act approved January 11, 1954, entitled 'Uniform Act Regulating Traffic on Highways,' (Ga. Laws 1953, Nov.-Dec. Session, pp. 556, 596), as amended, and particularly as amended by an Act approved March 21, 1970 (Ga. Laws 1970, p. 586) (Ga. Code Ann., Section 68-1667, as now or hereinafter amended). These identification and equipment standards shall apply to all such school buses regardless of size or capacity. A school bus driver shall actuate the visual signals required by subsections (b) and (c) whenever, but only whenever, the school bus is stopped on the highway for the purpose of receiving or discharging school children. A school bus driver shall not actuate said visual signals: (1) At intersections or other places where traffic is controlled by traffic control signals or police officers; or (2) In designated school bus loading areas where the bus is entirely off the roadway. (c) This Section shall not prohibit the use of a school bus as defined in Section 68A-101(46) (b) for special school route service provided it shall meet the following identification and equipment requirements: (1) Such a vehicle need not be painted yellow or black; (2) Such buses shall be equipped with four hooded or recessed red flasher lamps, or four red flasher lamps and four amber flasher lamps mounted on the same horizontal centerline as the red lamps and nearer the centerline. Such amber lamps shall be at least two and a half (2%) times brighter than the red lamps. The system shall be wired so that the amber signal lamps are activated only by manual or foot operation and if activated are automatically deactivated and the red signal lamps activated when the bus entrance door is opened. The color in all lighting equipment covered in this Title shall be in accordance with Society of Automotive Engineers (SAE) Standard J578a, April, 1965. (3) While transporting children to or from school it shall be 394 JOURNAL OF THE HOUSE, equipped with temporary signs, located conspicuously on the front and back of such vehicle. A. The sign on the front shall have the words 'SCHOOL BUS' printed in black letters not less than six inches high, on a background of National School Bus Glossy Yellow. B. The sign on the rear shall be at least ten square feet in size and shall be painted National School Bus Glossy Yellow, and have the words 'SCHOOL BUS' printed in black letters not less than eight inches high. (d) It shall be unlawful to operate: (1) Any school bus which is transporting children unless the headlamps on such school bus are illuminated; (2) Any vehicle displaying the words, 'SCHOOL BUS', unless it meets the color, identification and equipment requirements set forth in Section 68A-706(b) or (c) of this Title; (3) A vehicle without the words 'SCHOOL BUS' but nevertheless which is of a color and exhibits some equipment or identification which reasonably could cause a motorist to confuse it with a properly colored, identified, and equipped school bus as defined in Section 68A-706(b) ; (4) Any school bus for purposes other than the transportation of school children to or from school or school activities without concealing or covering all markings thereon indicating 'SCHOOL BUS'; (5) A vehicle which has been permanently converted from the purpose of transporting students to or from school or school activities without first having painted such vehicle some color other than yellow required in Section 68A-706(b) of this Title, and without having removed the stop arms, if any, and any equipment required by Section 68A-706(b) of this Title; (6) A school bus transporting school children to and from school at a speed greater than 40 miles per hour. (e) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled-access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway. (f) Notwithstanding any of the above subsections of this Section, private schools may own and operate buses for the transportation of students to and from private schools or school activities in buses which do not have any of the special equipment WEDNESDAY, JANUARY 23, 1974 395 set forth in this Section. In the event any private school operates school buses pursuant to this subsection, without the special equipment, traffic shall not be required to stop for the loading or unloading of children. (g) Notwithstanding any of the other provisions of this Sec- tion, private schools may operate school buses which meet the equipment and color requirements of Section 706 (b) of this Act. Drivers of vehicles shall be required to stop, as set forth in Section 706(a) of this Act, on overtaking and passing a private school bus so equipped. ARTICLE VIII SPEED RESTRICTIONS (RESERVED) ARTICLE IX SERIOUS TRAFFIC OFPENSES 68A-901. Reckless driving. (a) Any person who drives any vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving. (b) Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five days nor more than 90 days, or by a fine of not less than $25 nor more than $500, or by both such fine and imprisonment, and on a second or subsequent conviction within three years shall be punished by imprisonment for not less than 10 days nor more than six months, or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment, provided, that no provision of this Section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation. 68A-902. Drivers with ability impaired by alcohol or drugs. (a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) There is 0.10 percent or more by weight of alcohol in his blood; (2) Under the influence of alcohol; (3) Under the influence of any drug to a degree which renders him incapable of safely driving; or 396 JOURNAL OP THE HOUSE, (4) Under the combined influence of alcohol and any drug to a degree which renders him incapable of safely driving. (b) The fact that any person charged with violating this Section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Section. (c) Every person convicted of violating this Section shall be punished by imprisonment for not less than 10 days nor more than one year, or by fine of not less than $100 nor more than $1,000, or by both such fine and imprisonment. On a second or subsequent conviction within three years, he shall be punished by imprisonment for not less than 90 days nor more than one year, and, in the discretion of the court, a fine of not more than $1,000. The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating by a single transaction more than one of the four provisions of subsection (a). Provided that no provision of this Section shall be construed so as to deprive the court imposing the sentence of the power given by law to the court to stay or suspend the execution of such sentence or to place the defendant on probation. 68A-902.1. Chemical tests. (a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath or other bodily substance, shall be admissible. Where such a chemical test is made, the following provisions shall apply: (1) Chemical analysis of the person's blood, urine, breath, or other bodily substance to be considered valid under the provisions of this Section shall have been performed according to method approved by the State Crime Laboratory and by an individual possessing a valid permit issued by the State Crime Laboratory for this purpose. The State Crime Laboratory is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the State Crime Laboratory. (2) When a person shall submit to a blood test at the request of a law enforcement officer under the provisions of Section 2 of an Act approved March 27, 1968 (Ga. Laws 1968, pp. 448, 452, Ga. Code Ann., Section 68-1625.1), as now or as hereafter amended, only a physician or registered nurse (or other qualified person) may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath or urine specimens. (3) The person tested may have a physician, or a qualified WEDNESDAY, JANUARY 23, 1974 397 technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. (4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. (5) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood. (b) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a moving vehicle while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's blood, urine, breath or other bodily substance shall give rise to the following presumptions: (1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of the alcohol. (2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol. (3) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alcohol. 68A-903. Homicide by vehicle. (a) Whoever shall, without malice aforethought, cause the death of another person through the violation of Section 901 of this Title, 'Reckless Driving,' shall be guilty of homicide by vehicle in the first degree. A person convicted under this subsection shall be punished by imprisonment for not less than one year nor more than five years. (b) Whoever shall cause the death of another person, without an intention to do so, by violating any Section of this Title other that Section 901 or Section 904 (c) shall be guilty of homicide by vehicle in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be punished as for a misdemeanor. 398 JOURNAL OP THE HOUSE, 68A-904. Fleeing or attempting to elude a police officer. (a) Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle, when given a visual or an audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signal given by the police officer may be by hand, voice, emergency light or siren. The officer giving such signal shall be in uniform prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle. (b) Every person convicted of fleeing or attempting to elude a police officer shall be punished by imprisonment for not less than 30 days nor more than six months or by a fine of not less than $100 nor more than $500, or by both such fine and imprisonment. (c) It shall be unlawful for a person: (1) to impersonate a sheriff, deputy sheriff, state trooper, agent of the State Division of Investigation, agent of the Federal Bureau of Investigation, police officer or any other authorized law enforcement officer by using a motor vehicle or motorcycle designed, equipped, or marked so as to resemble a motor vehicle or motorcycle belonging to any federal, state or local law enforcement agency; or (2) to otherwise impersonate any such law enforcement officer in order to direct, stop, or otherwise control traffic. ARTICLE X STOPPING, STANDING, AND PARKING 68A-1001. Stopping, standing or parking outside of business or residence districts. (a) Outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or so leave such vehicle off the roadway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway. (b) This Section and Sections 68A-1003 and 68A-1004 shall not apply to the driver of any vehicle which is disabled while on the roadway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. 68A-1002. Officers authorized to remove vehicles. (a) Whenever any police officer finds a vehicle in violation WEDNESDAY, JANUARY 23, 1974 399 of any of the provisions of 68A-1001, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the roadway. (b) Any police officer is hereby authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway, or in any tunnel. (c) Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when: (1) Report has been made that such vehicle has been stolen or taken without the consent of its owner, or (2) The person or persons in charge of such vehicle are unable to provide for its custody or removal, or (3) When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay, or (4) When any such vehicle has been left unattended for 24 hours or more. 68A-1003. Stopping, standing or parking prohibited in specified places. (a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (1) Stop, stand or park a vehicle; A. On the roadway side of any vehicle stopped or parked at the edge of a curb of a street; B. On a sidewalk; C. Within an intersection; D. On a crosswalk; E. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings; F. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; 400 JOURNAL OF THE HOUSE, G. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; H. On any railroad tracks; I. On any controlled-access highway; J. In the area between roadways of a divided highway, including crossovers; K. At any place where official signs prohibit stopping. (2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: A. In front of a public or private driveway; B. Within 15 feet of a fire hydrant; C. Within 20 feet of a crosswalk at an intersection; D. Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway. E. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly signposted) ; F. At any place where official signs prohibit standing. (3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: A. Within 50 feet of the nearest rail of a railroad crossing; B. At any place where official signs prohibit parking. (b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from curb such a distance as is unlawful. 68A-1004. Additional parking regulations. (a) Except as otherwise provided in this Section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. WEDNESDAY, JANUARY 23, 1974 401 (b) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. (c) Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or State highway unless the Department of Transportation of Georgia has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. (d) Said Department with respect to highways under its jurisdiction, may place signs prohibiting, restricting or limiting the stopping, standing or parking of vehicles on any highway where in its opinion, as evidenced by resolution or order entered in its minutes, such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand, or park any vehicle in violation of the restrictions on such signs. 68A-1005. Obstructing an intersection. No driver shall enter an intersection unless there is sufficient space on the other side of the intersection to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. ARTICLE XI MISCELLANEOUS RULES 68A-1101. Unattended motor vehicle. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway. 68A-1102. Limitations on backing. (a) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic. 402 JOURNAL OF THE HOUSE, (b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway. 68A-1103. Driving upon sidewalk. No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway. 68A-1104. Obstruction to driver's view or driving mechanism. (a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. (b) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. 68A-1105. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. 68A-1106. Riding in house trailers. No person or persons shall occupy a house trailer while it is being moved upon a public highway. 68A-1107. Driving on mountain highways. The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near the right-hand edge of the highway as reasonably possible, and except when driving entirely to the right of the center of the roadway, shall give audible warning with the horn of such motor vehicle upon approaching any curve where the view is obstructed within a distance of 200 feet along the highway. 68A-1108. Coasting prohibited. (a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral. (b) The driver of a truck or bus when traveling upon a down grade shall not coast with the clutch disengaged. WEDNESDAY, JANUARY 23, 1974 403 68A-1109. Following emergency vehicles prohibited. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm or other emergency vehicle closer than 500 feet or drive into or park such vehicle within 500 feet of any fire apparatus stopped in answer to a fire alarm. 68A-1110. Crossing fire hose. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road or driveway to be used at any fire or alarm of fire, without consent of the fire department official in command. 68A-1111. Putting glass, etc., on highway prohibited. A person littering a highway in violation of the Litter Control Law, an Act approved March 20, 1970 (Ga. Laws 1970, p. 494; Ga. Code Ann., Section 85-1604(c), 9901), as now or as hereafter amended, shall be punished as provided in that law. ARTICLE XII OPERATION OF BICYCLES AND PLAY VEHICLES 68A-1201. Effect of regulations. (a) It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this Article. . (b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this Article. (c) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon a highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein. 68A-1202. Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Title, except as to special regulations in this article and except as to those provisions of this Title when by their nature can have no application. 68A-1203. Riding on bicycles. (a) A person propelling a bicycle shall not ride other than 404 JOURNAL OF THE HOUSE, upon or astride a permanent and regular seat attached thereto, and will allow no person to ride upon the handlebars. (b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. 68A-1204. Clinging to vehicles. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway. 68A-1205. Riding on roadways and bicycle paths, (a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (c) Wherever a usable path or sidewalk designated for use of bicycle riders adjacent to a roadway has been provided, bicycle riders shall use such path or sidewalk and shall not use the roadway. 68A-1206. Carrying articles. No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars. 68A-1207. Lamps and other equipment on bicycles, (a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of 300 feet to the front and with a red reflector on the rear of a type approved by the Department of Transportation of Georgia which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light may be used in addition to the red reflector, which \s visible from a distance of 300 feet to the rear. (b) Every bicycle sold or operated shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level pavement. (c) No bicycle shall be equipped or operated while equipped with a set of handle bars so raised that the operator must elevate his hands above his shoulders in order to grasp the normal steering grip area. (d) No bicycle shall be equipped, modified, or altered in such a way as to cause the pedal in its lowermost position to be more than 12 inches above the ground, nor shall any bicycle be operated if so equipped. WEDNESDAY, JANUARY 23, 1974 405 68A-1208. Reflectors on pedals, (a) It shall be unlawful for any person to sell a new bicycle or a pedal for use on a bicycle unless the pedals on such bicycle or such pedals are equipped with a reflector of a type approved by the Department of Public Safety. The reflector on each pedal shall be so designed and situated so as to be visible from the front and rear of the bicycle during darkness from a distance of 200 feet. The Commissioner of Public Safety is hereby authorized to promulgate rules and regulations and establish standards for such reflectors. (b) The provisions of this Section shall not apply to any bicycle purchased by a retailer for the purpose of resale prior to July 1, 1972. 68A-1209. Promulgation of Rules and Regulations. The Commissioner of Public Safety is authorized to promulgate rules and regulations to carry this article into effect, and is authorized to establish regulations for any additional safety equipment or standards he shall require for bicycles. ARTICLE XIII SPECIAL RULES FOR MOTORCYCLES 68A-1301. Traffic laws apply to persons operating motorcycles. Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this Title, except as to special regulations in this article and except as to those provisions of this Title which by their nature can have no application. 68A-1302. Riding on motorcycles, (a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. (b) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on either side of the motorcycle. (c) No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents him from keeping both hands on the handlebars. (d) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator. (e) No person shall operate or ride upon a motorcycle unless 406 JOURNAL OF THE HOUSE, he shall wear some type of footwear in addition to or other than socks. 68A-1303. Operating motorcycles on roadways laned for traffic, (a) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane. (b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. (d) Motorcycles shall not be operated more than two abreast in a single lane. (e) A person operating a motorcycle at all times shall keep his head lamps and tail lights illuminated. (f) Subsections (b) and (c) shall not apply to police officers in the performance of their official duties. 68A-1304. Clinging to other vehicles. No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on a roadway. 68A-1305. Footrests and handlebars, (a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed car, shall be equipped with footrests for such passenger. (b) No person shall operate any motorcycle with handlebars more than 15 inches in height above that portion of the seat occupied by the operator. 68A-1306. Equipment for motorcycle riders, (a) No person shall operate or ride upon a motorcycle unless he is wearing protective headgear which complies with standards established by the Commissioner of Public Safety. (b) No person shall operate or ride upon a motorcycle unless he is wearing an eye-protective device of a type approved by the Commissioner of Public Safety. (c) This Section shall not apply to persons riding within an enclosed cab or motorized cart. (d) The Commissioner of Public Safety is hereby authorized to approve or disapprove protective headgear and eye-protective devices required herein, and to issue and enforce regulations establishing standards and specifications for the approval thereof. WEDNESDAY, JANUARY 23, 1974 407 The Commissioner shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved by him. The Commissioner is authorized to promulgate rules and regulations to carry this article into effect, and is authorized to establish regulations for any additional safety equipment or standards as shall be required for the operation of motorcycles. ARTICLE XIV MOTORIZED CARTS 68A-1401. Definition, (a) Motorized Cart Every motor vehicle having no less than three wheels, an unladen weight of 1,300 pounds, which cannot operate at more than 20 miles per hour, and which is designed to carry no more than two persons, including the driver. (b) Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the Commissioner of Public Safety. 68A-1402. Authority to operate on streets, (a) A local governing authority may, by ordinance, designate certain public streets or portions thereof for the combined use of motorized carts and regular vehicular traffic, and the conditions under which motorized carts may be operated upon such streets or portions thereof. (b) Such ordinances may establish operating standards, but shall not require motorized carts to meet any requirements of general law as to registration, inspection, or licensing. (c) Such motorized carts may cross streets and highways under the jurisdiction of the Department of Transportation only at crossings or intersections designated for that purpose by the Department. (d) The ordinances shall not be effective unless appropriate signs giving notice are posted along the public streets affected. ARTICLE XV APPLICATION AND EFFECT OF THIS TITLE 68A-1501. Provisions uniform throughout State. The provisions of this Title shall be applicable and uniform throughout this State and in all counties and municipalities therein, and no local authority, as defined in Section 68A-101(21), shall enact or enforce any ordinance on a matter covered by the provisions of this Title except as expressly authorized in Sections 68A-1502 and 1503. 68A-1502. Powers of local authorities, (a) The provisions of this Title shall not be deemed to prevent local authorities with 408 JOURNAL OF THE HOUSE, respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from: (1) Regulating or prohibiting stopping, standing, or parking; (2) Regulating traffic by means of police officers or official traffic-control devices; (3) Regulating or prohibiting processions or assemblages on the highways; (4) Designating particular highways or roadways for use by traffic moving in one direction as authorized in Section 68A-308; (5) Establishing speed limits for vehicles in public parks notwithstanding any provisions of law establishing a minimum speed limit for an area outside an urban or residence district; (6) Designating any highway as a through highway or designating any intersection or junction of roadways as a stop or yield intersection or junction; (7) Regulating the operation of bicycles and requiring the registration and inspection of same, including the requirement of a registration fee; (8) Designating any highway intersection as a 'Yield Rightof-Way' intersection, and requiring vehicles facing a 'Yield Rightof-Way' sign to yield the right-of-way to other vehicles; (9) Regulating or prohibiting the turning of vehicles or specified types of vehicles; (10) Altering or establishing speed limits as authorized by law; (11) Designating no-passing zones as authorized in Section 68A-307; (12) Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic as authorized in Section 68A-313; (13) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic; (14) Establishing minimum speed limits as authorized by law; (15) Designating hazardous railroad grade crossing as authorized in Section 68A-702; WEDNESDAY, JANUARY 23, 1974 409 (16) Designating and regulating traffic on play streets; (17) Regulating persons propelling push carts; (18) Regulating persons upon skates, coasters, sleds and other toy vehicles; (19) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions; (20) Adopting such other traffic regulations as are specifically authorized by this Act. (b) No local authority shall erect or maintain any official traffic-control device at any location so as to require the traffic on any State highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the Department of Transportation of the State of Georgia. If this issue is on trial in a civil or criminal action, the proper authority shall be presumed. (c) No ordinance or regulation enacted under subdivisions (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), or (18), of paragraph (a) of this Section shall be effective until official traffic-control devices giving notice of such local traffic regulations are erected upon or at the entrances to the highway or part thereof affected as may be most appropriate. 68A-1503. Adoption by reference and publication of adoption. Local authorities by ordinance may adopt by reference any or all provisions of this Title without publishing or posting in full the provisions thereof. (.8A-1504. Adoption of future changes in Title. A future amendment or repeal of a provision of this Title shall so amend or repeal the pertinent provision if any, of the original ordinance adopted by a local authority pursuant to the authority of Section 68A-1503 without any action by such local authority being required. 68A-1505. Form of enacting ordinance. Local authorities shall use the following wording or similar wording in adopting by reference the provisions of this Title: '(Municipality or County) of . _____ ..__ ...... .... .. ... .. Ordinance number ... ................. ......._... .._................_.. An ordinance adopting the Georgia Rules of the Road, Sections [___ _ to ...... -(except for Sections ....... . )] of Georgia Code, Title 68A, to regulate traffic upon the public streets of the (Municipality or County) of __ ______ . and repealing ordinance 410 JOURNAL OF THE HOUSE, number - ........ and all other ordinances and sections of ordinances in conflict herewith. It is ordained by .. ... ----- .__... ....__. as follows: Section 1 Adoption by reference Pursuant to Georgia Code, Title 68A, Sections 68A-1503 through Section 68A-1507, Sections [.... ....._.to ..... (except for Sections .. .. .. )] of that Title known as the Uniform Rules of the Road are hereby adopted as and for the traffic regulations of this (Municipality or County) with like effect as if recited herein. Section 2 Penalties Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more than . .......... .. dollars or by imprisonment for not more than . ... ... days or by both such fine and imprisonment. Section 3 Repeal The (existing ordinances covering the same matters as embraced in this ordinance) are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. Section 5 Effective date This ordinance shall take effect from and after the ____.. day of....... ........ 19 .......' 68A-1506. Citations for violations. It shall be sufficient in citing a violation of a provision of this Title to refer to the ordinance number of the enacting ordinance, provided that the citation form used is the one developed by the Commissioner of the Department of Public Safety under the authorities of Section 1 of an Act approved April 6, 1972 (Ga. Laws 1972, p. 1148), as now or as hereafter amended. 68A-1507. Option to treat as State or local offense; right of defendant to have case treated as State offense. (a) Any offense which is a violation of a provision of this Title and of a local ordinance may, at the discretion of the local law enforcement officer or prosecutor, be charged as a violation of the State statute or local ordinance. (b) If the offense charged under an ordinance constitutes a violation of any provision of this Title and the defendant elects to have the charge treated as a State offense, the recorder or city judge after conducting a commitment hearing in which probable WEDNESDAY, JANUARY 23, 1974 411 cause for arrest is found or upon obtaining a waiver of commitment hearing, shall summarily fix his bond and bind his case over to the appropriate State tribunal. (c) No person tried in any court for a violation of this Title or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an ordinance adopted pursuant to this Title shall be considered a prior conviction for all purposes under this Title, and under the Act to create the Department of Public Safety for Georgia, approved March 13, 1937, and the several Acts amendatory thereof." Section 2. In the event any section, subsection, sentence, cause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or 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 3. (a) The following Sections and parts of Sections of the "Uniform Act Regulating Traffic on Highways," approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, and other specified laws, are hereby specifically repealed: Section repealed, as unofficially codified in Georgia Code Annotated, Title 68 Section and Page numbers Georgia Laws 1953, p. 556 1501 1502(1) 1, p. 557 1, p. 557 1502(2) 3. p. 558 1502(3) 4. p. 558 1502(4) 1502(5) 5. p. 559 6. p. 559 1502(6) 7. p. 560 1502(7) 8. p. 560 Subject Matter of Repealed Section Scope of Definitions Definitions of vehicles Definitions of Truck and Bus Definitions of Trailers Definitions of Tires Definitions of Railroads & Streetcars Definitions of Explosives and Flammable Liquids Definition of gross weight 412 JOURNAL OP THE HOUSE, Section repealed, as unofficially codified in Georgia Code Annotated, Title 68 Section and Page numbers Georgia Laws 1953, p. 556 Subject Matter of Repealed Section 1503(1) 1503(2) 1503(3) 1503(4) 1504(1) 1504(2) 1504(3) 1504(4) 1504(5) 1504(6) 1504(7) 1504(8) 1601 9926 1602 1603 1604 1605 1612 10, p. 560 11, p. 560 12, p. 561 13, p. 561 14, p. 561 15, p. 562 16, p. 562 17, p. 563 18, p. 563 19, p. 563 20, p. 564 21, p. 544 22, p. 564 23, p. 565 24, p. 565 25, p. 565 26, p. 565 27, p. 566 34, p. 570 Definition of governmental agencies Definitions of Persons Definition of Officer Definition of Local Authorities Definition of degrees of roadway Definition of intersection Definition of crosswalk Definition of safety zone Definition of Business and residential districts Definition of Traffic Control devices Definition of Traffic Definition of Yield, Stop or Park Act refers to vehicles upon highways Required Obedience to traffic laws Obedience to officers Public Officers and Employes to obey Act Authorized Emergency Vehicle Laws applying to persons riding or driving animals Obedience to official traffic-control device WEDNESDAY, JANUARY 23, 1974 413 Section repealed, as unofficially codified in Georgia Code Annotated, Title 68 Section and Page numbers Georgia Laws 1953, p. 556 Subject Matter of Repealed Section 1613 1614 1615 1616 1617 1625 1625.1 (Except subsections (a),(b), (c),and (h)) 1626 1627 1627.1 1628 1629 1630 35. p. 570 36. p. 571 37. p. 572 38. p. 572 39. p. 572 47, p. 575 47A, added by Section 2 of an Act approved March 27, 1968 (Ga. Laws 1968, p. 448), except subsections (a), (b), (c) and (b) of said Section 47A. 48. p. 577 49. p. 579 49A, added by Section 2 of an Act approved April 2, 1963 (Ga. Laws 1963, p. 254) 50, p. 579 51. p. 580 52. p. 580 Traffic Control Signal Legend Meaning of Colors Pedestrian Signals Flashing Signals Prohibition of display of unauthorized signs Interference with Official Traffic Control Devices Prohibition on Driving under the influence Implied consent to chemical tests General speed restriction Establishment of State speed signs Altering speed limits on limitedaccess highways When local authorities may alter speed limits Minimum speed regulation Special speed limits for motor driven cycles 414 JOURNAL OF THE HOUSE, Section repealed, as unofficially codified in Georgia Code Annotated, Title 68 Section and Page numbers Georgia Laws 1953, p. 556 Subject Matter of Repealed Section 1631 1632 1633 1634 1635 1636 1637(a) 1637(b) 1638 1639 1640 1641 1642 1643 1643.1 1643.2 53, p. 580 54, p. 581 55, p. 581 56, p. 582 57, p. 582 58, p. 582 58A, p. 583 59, p. 583 60, p. 584 61, p. 584 62. p. 584 63. p. 585 64. p. 585 65. p. 586 65A, added by Section 4 of an Act approved April 2, 1963 (Ga. Laws 1963, p. 254) 65B,added by Section 5 of an Act approved April 2, 1963 (Ga. Laws 1963, p. 254) Special speed limits for bridges and elevated structures Charging violations of speed restrictions Vehicles to be driven on right side of roadway Passing vehicles proceeding in opposite directions Overtaking a vehicle on the left Overtaking on the right is permitted Limitation on overtaking on the left Limitation on driving to the left of center of roadway No passing zone One-way roadways and rotary traffic islands Driving on roadways laned for traffic Following too closely Driving on dividing highways Restrictions on use of limited-access highways Restrictions on entering or leaving limitedaccess highways Interference with fences, barriers or barricades WEDNESDAY, JANUARY 23, 1974 415 Section repealed, as unofficially codified in Georgia Code Annotated, Title 68 Section and Page numbers Georgia Laws 1953, p. 556 Subject Matter of Repealed Section 1646 66, p. 587 Starting parked vehicle 1647 69. p. 587 Turning movements and required signals 1648 70. p. 588 Signals by hand or signal device 1649 71. p. 588 Method of giving hand- and-arm signals 1650 72. p. 589 Right-of-way, vehicles approaching intersection 1651 73. p. 590 Vehicles turning left at intersection 1652 74. p. 590 Vehicle entering through highway 1653 75. p. 590 Vehicle entering highway from private road 1654 76. p. 590 Operation of vehicles on approach emergency vehicles 1655 77. p. 591 Pedestrians subject to traffic regulations 1656 78. p. 592 Pedestrians right-of- way in crosswalk 1657 79. p. 592 Pedestrians crossing at other than crosswalks 1658 80. p. 593 Duty toward blind persons carrying cane 1659 81. p. 593 Pedestrians to use right half of crosswalks 1660 82. p. 593 Pedestrians on roadways 1661 83. p. 593 Signals indicating approach of train 1662 84. p. 594 Stops required at grade crossings 1663 85. p. 594 Certain vehicles re- quired to stop at all grade crossings 416 JOURNAL OF THE HOUSE, Section repealed, as unofficially codified in Georgia Code Annotated, Title 68 Section and Page numbers Georgia Laws 1953, p. 556 Subject Matter of Repealed Section 1664 86. p. 595 Moving heavy equipment at grade crossings 1665 87. p. 595 Required to stop at through highways 1666 88. p. 596 Stop before emerging from alley 1667 89. p. 596, Overtaking and passing subsections school bus (a), (c), (d), (e) 1668 90. p. 597 Stopping, standing or parking 1669 91. p. 597 Authority to remove illegally stopped vehicles 1670 92. p. 598 Prohibition of stopping, standing or parking in certain places 1671 93. p. 600 Additional parking regulations 1672 94. p. 600 Limitations on backing 1673 95. p. 601 Riding on motorcycles 1674 96. p. 601 Obstruction to driver's view 1675 97. p. 601 Driving on mountain highways 1676 98. p. 601 Coasting prohibited 1677 99. p. 601 Following fire apparatus prohibited 1678 100. p. 602 Crossing fire hose prohibited 1679 101. p. 602 Putting glass on highway prohibited 9927 47(d),p. 577 Penalty for driving under the influence of alcohol or drugs (b) Nothing contained within this Act shall be deemed or construed to repeal the following Sections of the "Uniform Act Regulating Traffic on Highways," approved January 11, 1954, as amended: WEDNESDAY, JANUARY 23, 1974 417 Section repealed, as unofficially codified in Georgia Code Annotated, Title 68 Section and Page numbers Georgia Laws 1953, p. 556 Subject Matter of Repealed Section 1606 1607 1608 1609 1610 1611 1618 1619 1620 1621 1622 1623 1624 1625.1, subsections 47A, (a), (b), (c) and (h) 28, p. 567 29, p. 567 30, p. 568 31, p. 568 32, p. 568 33, p. 569 40, p. 573 41. p. 573 42. p. 573 43. p. 574 44. p. 574 45. p. 574 46. p. 575 subsections (a), (b), (c) and (h) added by Section 2 of an Act approved March 27, 1968 (Ga. Laws 1968, pp. 458, 452) Provisions of law uniform throughout State Powers of local authorities Law not to interfere with rights of owners of real property Manual of Uniform traffic-control devices Maintenance of traffic-control devices Local traffic control devices Duties of driver involved in accident resulting in death Duties of driver in accident resulting in property damage Duty to give information and render aid Duty upon striking unattended vehicle Duty upon striking fixtures upon highway Duty to make immediate reports of accidents Sheriffs to report upon deaths caused by accidents Implied consent 418 JOURNAL OF THE HOUSE, Section repealed, as unofficially codified in Georgia Code Annotated, Title 68 Section and Page numbers Georgia Laws 1953, p. 556 Subject Matter of Repealed Section 1667 89, p. 596, Equipment, color and (b), (f), (g) identification standards for school buses (1) Ga. Laws 1968, p. 448, 452 (Section 2 and 3) (c) The following laws are hereby specifically repealed: Official Citation Georgia Laws Year and Page Subject An Act approved March 17,1960 An Act approved April 25, 1969 An Act approved March 27, 1972 An Act approved March 27, 1972 An Act approved April 13, 1973 An Act approved April 13,1973 Ga. Laws 1960, p. 966 Ga. Laws 1969, p. 732 Ga. Laws 1972, p. 475 Ga. Laws 1972, p. 547 Ga. Laws 1973, p. 452 Ga. Laws 1973, p. 471 Purchase and sale of school buses (Ga. Code Ann. Sections 68-411 and 68-412) Motorcycles Operation & Safety Equipment Motorcycles Riders must wear footwear Bicycles Penalty for defacing road signs, entering unopened highways Bicycle Safety Act Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. By unanimous consent, further consideration of HB 244 was postponed until tomorrow, January 24, 1974, immediately after the period of unanimous consents. 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, JANUARY 24, 1974 419 Representative Hall, Atlanta, Georgia Thursday, January 24, 1974 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 the Reverend Kenneth Lash, Pastor, Plainville and Oostanolee United Methodist Churches. 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 uanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1528. By Messrs. Snow of the 1st, Sams of the 83rd, Walker of the 100th and Groover of the 75th: A Bill to be entitled an Act to amend an Act providing that the State may appeal certain judgments, so as to provide that in the event a de- 420 JOURNAL OP THE HOUSE, mand for trial has been filed such demand shall be held in abeyance until after a certain date; and for other purposes. Referred to the Committee on Judiciary. HB 1529. By Messrs. Snow of the 1st, Sams of the 83rd, Bray of the 66th, Tucker of the 69th, Morgan of the 70th, Russell of the 53rd and Walker of the 100th: A Bill to be entitled an Act to amend Code Chapter 26-16, relating to burglary and possession of tools for the commission of crime, so as to create and define the offense of unlawful entry of a vehicle, railroad car, aircraft or watercraft, and to provide the penalty for said offense; and for other purposes. Referred to the Committee on Judiciary. HB 1530. By Messrs. Snow of the 1st, Sams of the 83rd, Walker of the 100th, Karrh of the 91st, Lambert of the 97th, Tucker of the 69th, Bray of the 66th and Morgan of the 70th: A Bill to be entitled an Act to amend Code Chapter 59-7, relating to traverse juries in general, so as to provide that all civil actions where the claim for damages is less than $3,000, exclusive of interest and costs, and all misdemeanor cases in the superior courts, shall be tried by a jury of six jurors; to provide for jury panels; and for other purposes. Referred to the Committee on Judiciary. HB 1531. By Messrs. Snow of the 1st, Morgan of the 70th, Tucker of the 69th, Bray of the 66th, Karrh of the 91st and Sams of the 83rd: A Bill to be entitled an Act to amend Code Section 27-2510, relating to concurrent or consecutive sentences, so as to provide that in all cases, whether tried by a judge or jury, in which the sentence has been imposed, the trial judge, and not the jury, shall determine and order whether the sentence or sentences shall be served concurrently or consecutively; and for other purposes. Referred to the Committee on Judiciary. HB 1532. By Messrs. Snow of the 1st, Sams of the 83rd, Walker of the 100th, Karrh of the 91st, Groover of the 75th and Tucker of the 69th: A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing procedure for a review of assessments made by county boards of tax assessors, so as to provide that alternate members of the board of equalization, in the order in which selected, shall serve in any appeal at a regularly scheduled or called meeting in the absence of a member; and for other purposes. Referred to the Committee on Ways and Means. THURSDAY, JANUARY 24, 1974 421 HB 1533. By Messrs. Snow of the 1st, Sams of the 83rd and Groover of the 75th: A Bill to be entitled an Act to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities, so as to provide that it shall be unlawful to possess a pistol or revolver without a license; to provide that it shall be unlawful to sell a pistol or revolver to, or in any manner cause a pistol or revolver to enter the possession of, another who is not the holder of a license; and for other purposes. Referred to the Committee on Judiciary. HB 1534. By Messrs. Phillips of the 103rd, Dprminy of the 115th, Lewis of the 77th, Pinkston, Coney, Berlin, Brown and Evans of the 89th and Greer of the 43rd: A Bill to be entitled an Act to amend an Act creating the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to participate in certain federally-funded fire protection assistance programs; and for other purposes. Referred to the Committee on Natural Resources. HB 1535. By Messrs. Phillips of the 103rd, Dorminy of the 115th, Russell of the 62nd, Lewis of the 77th, Mauldin, Milford and Wheeler of the 13th, Matthews of the 62nd, Logan of the 62nd and McDonald of the 12th: A Bill to be entitled an Act to amend an Act creating the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to enter upon forestlands for the purpose of determining if an infestation or infection exists in the trees; and for other purposes. Referred to the Committee on Natural Resources. HB 1536. By Mr. Larsen of the 102nd: A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to authorize a medical examiner or his designee to obtain a blood sample from any person admitted to a hospital or morgue whenever any such person is unable to give his consent to the taking of a sample of blood for analytical purposes; and for other purposes. Referred to the Committee on Health and Ecology. HB 1537. By Mr. Larsen of the 102nd: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the qualifications of medical or laboratory technicians or aides who withdraw blood from patients for the purpose of determining the alcoholic content therein; and for other purposes. Referred to the Committee on Health and Ecology. 422 JOURNAL OF THE HOUSE, HB 1538. By Messrs. Grantham and Wheeler of the 127th: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1539. By Messrs. Wheeler and Grantham of the 127th: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, so as to change the compensation provisions relating to the tax commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1540. By Mr. Lane of the 76th: 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 reimburse the Director of the State Crime Laboratory for use of his private aircraft on official business; and for other purposes. Referred to the Committee on Highways. HB 1541. By Messrs. Brown of the 67th and Horton of the 43rd: A Bill to be entitled an Act to prohibit the taking of negotiable instruments in connection with consumer credit sales or consumer leases; and for other purposes. Referred to the Committee on Banks and Banking. HB 1542. By Messrs. Mulherin of the 81st, Brantley of the 22nd and Alexander of the 39th: A Bill to be entitled an Act to amend the Georgia Peace Officer Standards and Training Act, so as to change certain definitions; to change the number of members of the Council required to constitute a quorum; and for other purposes. Referred to the Committee on State Planning & Community Affairs Loca] Legislation. HB 1543. By Messrs. Mulherin of the 81st, Brantley of the 22nd and Alexander of the 39th: A Bill to be entitled an Act to amend the Georgia Peace Officer Standards and Training Act, so as to change the composition of the Georgia Peace THURSDAY, JANUARY 24, 1974 423 Officer Standards and Training Council; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1544. By Messrs. Mulherin of the 81st, Brantley of the 22nd and Alexander of the 39th: A Bill to be entitled an Act to amend the Georgia Peace Officer Standards and Training Act, so as to provide for additional minimum peace officer basic training standards; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1545. By Messrs. Mulherin of the 81st, Brantley of the 22nd and Alexander of the 39th: A Bill to be entitled an Act to amend the Georgia Peace Officer Standards and Training Act, so as to provide for State grants to local law enforcement units; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1546. By Messrs. Chance of the 112th, Patten of the 123rd, Matthews of the 122nd, Nessmith of the 76th, Collins of the 122nd and Grantham of the 127th: A Bill to be entitled an Act to require the governing authority in each county to prepare and transmit certain informative materials concerning land zoned or used for agricultural purposes, forestry purposes or other similar or related purposes, to the Secretary of the Senate and the Clerk of the House of Representatives; and for other purposes. Referred to the Committee on Agriculture. HB 1547. 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 authorize employees of the Georgia Federal-State Shipping Point Inspection Service to become members of the Employees' Retirement System of Georgia; to declare said Georgia FederalState Shipping Point Inspection Service an adjunct of the Georgia Department of Agriculture; and for other purposes. Referred to the Committee on Retirement. HB 1548. By Messrs. Buck of the 67th, Berry and Thompson of the 86th, Adams of the 84th, Pearce of the 87th and King of the 85th: A Bill to be entitled an Act to amend the charter of Columbus, Georgia, 424 JOURNAL OF THE HOUSE, so as to provide that a councilman or mayor resigning his position as such councilman or mayor prior to qualifying for elective office may be eligible to serve in such new elective office; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1549. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, Adams of the 84th, Pearce of the 87th, Davis of the 85th and King of the 85th: A Bill to be entitled an Act to amend an Act creating the Medical Center Board of Commissioners, so as to increase the board membership of the Medical Center Board of Commissioners to 15 persons; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1550. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, Adams of the 84th, Pearce of the 87th, Davis of the 85th and King of the 85th: A Bill to be entitled an Act to amend the Charter of Columbus, Georgia, so as to provide that contractual claims against Columbus must be presented within 12 months after they accrue; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1551. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, Adams of the 84th, Pearce of the 87th, Davis and King of the 85th: A Bill to be entitled an Act to amend the charter of Columbus, Georgia, so as to establish the date of the council following an election and the term of office of the mayor pro tern; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1552. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, Adams of the 84th, Pearce of the 87th and King of the 85th: A Bill to be entitled an Act to amend the charter of Columbus, Georgia, so as to make ordinances, the violation of which are criminal in nature, effective 10 days after they have been signed by the mayor and returned by the clerk; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. THURSDAY, JANUARY 24, 1974 425 HB 1553. By Messrs. Oxford of the 101st, Murphy of the 18th and Edwards of the 95th: A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Funeral Service and regulating the practice of embalming and funeral directing, so as to change the provisions relative to the definition of funeral director; to change the provisions relative to the causes for which licenses may be refused issuance, suspended, denied renewal or revoked; and for other purposes. Referred to the Committee on Health and Ecology. HB 1554. By Mr. Collins of the 122nd: A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide that marketing orders issued pursuant to said Act may provide for the establishment and management of a stabilization fund to compensate producers of peanuts which fail to qualify for marketing or sale in regular marketing channels; and for other purposes. Referred to the Committee on Agriculture. HB 1555. By Messrs. Morgan of the 70th, Tucker of the 69th, Snow of the 1st, Lambert of the 97th, Levitas of the 50th, Bray of the 66th, McCracken of the 77th, Evans of the 89th, Fraser of the 117th and Hawes of the 43rd: A Bill to be entitled an Act to create the Prosecuting Attorneys' Council of the State of Georgia; to provide for the membership of the council, their qualifications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities; and for other purposes. Referred to the Committee on Judiciary. HB 1556. By Messrs. Petro of the 46th and Bostick of the 123rd: A Bill to be entitled an Act to provide for the regulation of private employment agencies; and for other purposes. Referred to the Committee on Industrial Relations. HR 515-1556. By Messrs. Coney, Brown, Berlin, Dickey, Pinkston and Evans of the 89th: A Resolution proposing an amendment to the Constitution so as to provide that railroad retirement or disability benefits shall not be included in income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000; and for other purposes. Referred to the Committee on Ways and Means. 426 JOURNAL OF THE HOUSE, HR 516-1556, By Messrs. Knight, Mullinax and Ware of the 65th: A Resolution proposing an amendment to the Constitution so as to designate the Board of Water, Sewerage and Light Commissioners of the City of Newnan as the sole operational governing authority for the utility systems of the City of Newnan; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HR 517-1556. By Messrs. McDonald of the 12th, Colwell of the 4th, Logan of the 62nd, Larsen, Coleman and Jessup of the 102nd, Wilson of the 94th, Ritchie of the llth, Bray of the 66th, Matthews of the 62nd, Castleberry of the 96th and Milford of the 13th: A Resolution designating U. S. Highway 441 as a Blue Star Memorial Highway; honoring Captain Leon Ellis, Jr.; and for other purposes. Referred to the Committee on Highways. HR 518-1556. By Messrs. Matthews of the 62nd, Williams of the 9th, Murphy of the 18th, Busbee of the 114th, Edwards of the 95th, Connell of the 80th, Lambert of the 97th, Wood of the 9th, Wamble of the 120th, Egan of the 25th, Logan of the 62nd, McDonald of the 12th and others: A Resolution relative to the placing of a bust of Honorable Geo. L. Smith II in the State Capitol; and for other purposes. Referred to the Committee on Rules. HB 1557. By Mr. Evans of the 89th: A Bill to be entitled an Act to amend an Act regulating billiard rooms, so to provide that the terms "intoxicating liquors" and "liquors" shall not include malt beverages; and other purposes. Referred to the Committee on Temperance. HB 1558. By Messrs. Dixon of the 126th, Hudson of the 115th, Wheeler and Grantham of the 127th, Sweat of the 125th and Dorminy of the 115th: A Bill to be entitled an Act to add one additional judge of the superior courts for the Waycross Judicial Circuit of Georgia; to provide for the appointment of the first additional judge by the Governor; to provide for the election of said additional judge and for the election of successors; to prescribe the powers of said judge; and for other purposes. Referred to the Committee on Special Judiciary. HB 1559. By Messrs. McDonald of the 12th and Coleman of the 102nd: A Bill to be entitled an Act to amend an Act providing revenue and a THURSDAY, JANUARY 24, 1974 427 source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to change the composition of the Board of Trustees; and for other purposes. Referred to the Committee on Retirement. HB 1560. By Mr. Marcus of the 26th: A Bill to be entitled an Act to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for the issuance, reissuance, or renewal of any driver's license; to require a notation on the face or reverse of a driver's license as to whether the licensee has executed a gift of all or part of his body conditioned upon the death of the donor; and for other purposes. Referred to the Committee on Health and Ecology. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1471. By Messrs. Rainey of the 115th and Peters of the 2nd: A Bill to be entitled an Act to amend an Act providing for laws regulating the operation of bicycles, known as the "Bicycle Safety Act", so as to change the provisions requiring pedal reflectors on certain bicycles; and for other purposes. HB 1472. By Mr. Northcutt of the 68th: A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide for a lump sum payment to those persons who, while members, did not elect to transfer from Division "B" to Division "A" and who retired prior to April 13, 1973; and for other purposes. HB 1473. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to amend Code Section 57-101.1, relating to maximum interest on real estate loans, as amended, so as to change the maximum allowable rate of interest; and for other purposes. HB 1474. By Messrs. Nix of the 20th, Horton of the 56th, McKinney of the 35th, Irvin of the 23rd, Marcus of the 26th, Burton of the 47th, Hays of the 1st, Kreeger of the 21st, McDaniell of the 20th, Duke of the 20th, Bohannon of the 64th and Burruss of the 21st: A Bill to be entitled an Act to amend an Act providing for the confiscation 428 JOURNAL OF THE HOUSE, and condemnation of certain vehicles and conveyances used in illegal trafficking of certain drugs, so as to provide that certain additional vehicles and conveyances are contraband; and for other purposes. HB 1475. By Mr. Rush of the 104th: A Bill to be entitled an Act to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act", so as to change the provisions relating to death before retirement; and for other purposes. HR 502-1475. By Messrs. Adams and Smith of the 74th: A Resolution compensating Mr. Walter H. Peacock, Jr., as the Executor under the will of James Michael Flanagan; and for other purposes. HR 503-1475. By Mr. Willis of the 119th: A Resolution authorizing the conveyance of certain real property located in the City of Bainbridge in Decatur County, Georgia; and for other purposes. HB 1476. By Mr. Wamble of the 120th: A Bill to be entitled an Act to amend Section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1974; and for other purposes. HB 1477. By Messrs. Jones of the 109th, Triplett of the lllth, Gignilliat of the 105th, Alien of the 108th, Ellis of the 107th and Chance of the 112th: A Bill to be entitled an Act to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County, so as to change the provisions relative to filling vacancies on said Board of Education; and for other purposes. HB 1478. By Mr. Sams of the 83rd: A Bill to be entitled an Act to provide the procedures whereby a judge of the court of ordinary of any county with a population of not less than 145,000 nor more than 165,000 shall be eligible to become a judge emeritus of such court; and for other purposes. THURSDAY, JANUARY 24, 1974 429 HB 1479. By Mr. Dixon of the 126th: A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide for a change in benefits for certain retired employees; and for other purposes. HB 1480. By Mr. Matthews of the 62nd: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to authorize certain optional retirement programs in lieu of the retirement system provided by said Act; and for other purposes. HB 1481. By Messrs. Buck of the 87th and Dixon of the 126th: A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide credit for certain service by tax commissioners, tax receivers, tax collectors and their employees upon compliance with specified requirements; and for other purposes. HB 1482. By Messrs. Adams and Smith of the 74th: A Bill to be entitled an Act to amend Code Section 24-1801 relating to Clerks of County Ordinaries so as to authorize the Ordinary in counties whose population is not less than 23,450 nor more than 23,550 to appoint a Clerk whose salary shall be paid from County funds which salary shall not exceed the sum of $5,000 per annum; and for other purposes. HB 1483. By Messrs. Adams and Smith of the 74th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend the Act approved August 6, 1920, changing the terms of office of the Commissioners of Roads and Revenues of Upson County . . . .", so as to provide for the election of a Chairman of the Board of Commissioners of Roads and Revenues of Upson County by the members of said Board; and for other purposes. HB 1484. By Messrs. Adams and Smith of the 74th: A Bill to be entitled an Act to amend the Act entitled "An Act to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of compensation . . . .", so as to increase the compensation to be paid from County funds to the Clerk and other personnel employed by said Ordinary in his office; and for other purposes. HB 1485. By Messrs. Adams and Smith of the 74th: A Bill to be entitled an Act to amend the Act entitled "An Act to consolidate the offices of Tax Receiver and Tax Collector of Upson 430 JOURNAL OF THE HOUSE, County into the office of Tax Commissioner of Upson County . . .", so as to increase the compensation of said Tax Commissioner; and for other purposes. HB 1486. By Messrs. Adams and Smith of the 74th: A Bill to be entitled an Act to amend the Act entitled "An Act to place the Sheriff of Upson County upon an annual salary in lieu of the fee system of compensation. . .", so as to authorize the Sheriff of Upson County to appoint a Chief Deputy and to remove any limitations on the number of Deputies which said Sheriff may appoint; and for other purposes. HB 1487. By Mr. Cole of the 6th: A Bill to be entitled an Act to amend an Act approved February 24, 1874, amending and codifying the various acts incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain employees of the City of Dalton; and for other purposes. HR 507-1487. By Messrs. Jones of the 109th, Alien of the 108th, Wheeler of the 127th, Hill of the 110th, Chance of the 112th, Gignilliat of the 105th, Brantley of the 92nd, Grantham of the 127th and Blackshear of the 106th: A Resolution proposing an amendment to the Constitution so as to delete therefrom the provision pertaining to the Coastal Highway District; and for other purposes. HR 508-1487. By Messrs. Moyer of the 99th and Waddle of the 98th: A Resolution proposing an amendment to the Constitution so as to authorize certain independent school systems, county boards of education and area boards of education to make grants for the purpose of educating or training certain handicapped citizens of the school district or area school district; and for other purposes. HB 1488. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th: A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Walker County into the office of tax commissioner of Walker County, so as to change the compensation of the tax commissioner; and for other purposes. HB 1489. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Walker County, so THURSDAY, JANUARY 24, 1974 431 as to change the compensation of the clerk of the superior court of Walker County; and for other purposes. HB 1490, By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th: A Bill to be entitled an Act to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the compensation of the ordinary of Walker County; and for other purposes. HB 1491. By Messrs. Snow and Hays of the 1st, Poster and Cole of the 6th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Walker County upon an annual salary, so as to change the compensation of the Sheriff of Walker County; and for other purposes. HB 1492. By Messrs. Snow and Hays of the 1st, Poster and Cole of the 6th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Walker County, so as to change the compensation and traveling expenses of the commissioner; and for other purposes. HB 1493. By Messrs. Jordan of the 58th and Davis of the 56th: A Bill to be entitled an Act to amend Code Chapter 79A-5, relating to pharmacists, so as to require a prescription by a duly licensed physician in order to purchase hypodermic syringes or devices; and for other purposes. HB 1494. By Messrs. Snow and Hays of the 1st, and Harrington of the 93rd: A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to change pension and retirement benefits; and for other purposes. HB 1495. By Mr. Oxford of the 101st: A Bill to be entitled an Act to amend Code Chapter 92-40, so as to provide for a uniform determination of fair market value for county and municipal ad valorem property taxation purposes; and for other purposes. HR 509-1495. By Messrs. Snow and Hays of the 1st, and Harrington of the 93rd: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the payment of retirement and pension benefits for firemen and volunteer firemen and to propose qualifications for such benefits; and for other purposes. 432 JOURNAL OF THE HOUSE, HB 1496. By Messrs. Adams of the 36th and Smith of the 74th: A Bill to be entitled an Act to provide that it shall be unlawful for the holder of any license to operate motor vehicles to fail to surrender his license to the Commissioner of Public Safety, after having been notified to do so as a result of any lawful cancellation, suspension or revocation order; to provide that the Commissioner may order that such license shall be suspended for an additional period of six months; and for other purposes. HB 1497. By Mr. Blackshear of the 106th: A Bill to be entitled an Act to amend an Act entitled "The Act Creating the Public School Employees' Retirement System", so as to provide for certain disability retirement benefits; and for other purposes. HB 1498. By Messrs. Smith of the 42nd, Lane of the 40th, Greer of the 43rd, Marcus of the 26th, Hawes of the 43rd, Ellis of the 107th, Adams of the 36th, Brantley of the 22nd, Irvin of the 23rd, McKinney of the 35th and others: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the minimum retirement allowance for members shall apply to public school teachers who retired pursuant to a county, municipal or local board of education retirement or pension system; and for other purposes. HB 1499. By Mr. Adams of the 36th: A Bill to be entitled an Act to provide that in all counties having a population of 600,000 or more there is hereby levied and assessed, in addition to all ad valorem and other sales and use taxes, a special tax upon hotels and motels; to provide that such tax shall be paid to and collected by the tax commissioner of the county; and for other purposes. HB 1500. By Mr. Adams of the 36th: A Bill to be entitled an Act to repeal an Act authorizing the creation of emeritus offices in certain counties; to provide that the repeal of said Act shall not affect the offices or the compensation of any person who shall have been appointed to such an emeritus office; and for other purposes. HB 1501. By Mr. Adams of the 36th: A Bill to be entitled an Act to amend Code Section 88-508.2, relating to payment of expenses of proceedings pursuant to Chapter 88 of the Code of Georgia, so as to change the provisions relating to the sum to be paid the examining committee; and for other purposes. THURSDAY, JANUARY 24, 1974 433 HB 1502. By Mr. Adams of the 26th: A Bill to be entitled an Act to repeal an Act authorizing the commissioners of certain counties to create a Board of Examiners of Stationary Engineers and Firemen (Georgia Laws 1910, p. 112) ; and for other purposes. HB 1503. By Mr. Adams of the 36th: A Bill to be entitled an Act to amend Code Chapter 59-1, pertaining to jurors, so as to provide that in certain counties (population 600,000 or more), the governing authority in such counties shall prescribe the compensation to be paid jurors and bailiffs; and for other purposes. HB 1504. By Messrs. Burton of the 47th, Noble of the 48th, Harrison of the 116th, Williams of the 9th, Wamble of the 120th, Roach of the 8th, Dean of the 17th, Horton of the 56th, Harris of the 51st, Russell of the 53rd, Johnson of the 68th and others: A Bill to be entitled an Act to amend an Act providing that school boards of any school districts that maintain a recognized public school shall establish and maintain special education facilities, so as to change the definition of an "exceptional child"; and for other purposes. HB 1505. By Messrs. Logan of the 62nd, Morgan of the 70th, Matthews of the 62nd, Atherton of the 19th, Beckham of the 82nd, Berry of the 86th, Pearce of the 87th, Burruss of the 21st, Horton of the 43rd, Sams of the 83rd, Alien of the 108th, Milford of the 13th, Shanahan of the 7th and others: A Bill to be entitled an Act to create the Division of Consumer Affairs in the Department of Agriculture; to provide that the Division of Consumer Affairs shall be headed by a Director who shall be appointed by and serve at the pleasure of the Commissioner of Agriculture; and for other purposes. HR 510-1505. By Messrs. Gignilliat of the 105th, Jones of the 109th, Alien of the 108th, Triplett of the lllth, Ellis of the 107th, Hill of the 110th, Blackshear of the 106th and Chance of the 112th: A Resolution proposing an amendment to the Constitution so as to provide that railroad retirement or disability benefits shall not be included in income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000; and for other purposes. HB 1506. By Messrs. Irvin of the 23rd, Smith of the 42nd and Snow of the 1st: A Bill to be entitled and Act to amend an Act known as the "Uniform Reciprocal Enforcement of Support Act", so as to provide for reciprocal enforcement of support with any province or territory of the Dominion of Canada; and for other purposes. 434 JOURNAL OP THE HOUSE, HB 1507. By Messrs, Ware of the 65th, Dean of the 17th, Gignilliat of the 105th, Berlin of the 89th, Wood of the 9th, Berry of the 86th, Pearce of the 87th, Moyer of the 99th, Hays of the 1st, Harrington of the 93rd, Wall of the 61st, Floyd of the 5th: A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Defense Act of 1951", so as to provide that the emergency powers of the Governor shall include the power to designate any and all peace officers and law enforcement personnel to enforce the penal and criminal statutes of this State in any portion of the State which the Governor declares to be in a state of emergency or disaster; and for other purposes. HB 1508. By Messrs. Ware of the 65th, Gignilliat of the 105th, Dean of the 17th, Berlin of the 89th, Wood of the 9th, Berry of the 86th, Pearce of the 87th, Moyer of the 99th, Hays of the 1st, Harrington of the 93rd, Wall of the 61st and Floyd of the 5th: A Bill to be entitled an Act to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize certain private motor vehicles to operate with flashing or revolving red lights upon certification of the necessity thereof by the State Director of Civil Defense to the Department of Public Safety; and for other purposes. HB 1509. By Messrs. Ware of the 65th, Gignilliat of the 105th, Dean of the 17th, Berlin of the 89th, Berry of the 86th, Pearce of the 87th, Moyer of the 99th, Hays of the 1st, Harrington of the 93rd, Wall of the 61st, Wood of the 9th and Floyd of the 5th: A Bill to be entitled an Act to amend an Act known as the "Interstate Civil Defense and Disaster Compact Act", so as to make the Compact applicable to searches, rescues, actions to increase capability to deal with disasters, and incidents endangering public health or safety which require special equipment, personnel or training; and for other purposes. HB 1510. By Messrs. Adams of the 36th and Brown of the 89th: A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to change certain references therein; and for other purposes. HB 1511. By Messrs. Howell of the 118th, Irwin of the 113th, Hatcher, Busbee, Hutehinson and Odom of the 114th: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Calhoun County, so as to change the provisions relative to the compensation of the Tax Commissioner and his assistant; and for other purposes. THURSDAY, JANUARY 24, 1974 435 HB 1512. By Mr. Wamble of the 120th: A Bill to be entitled an Act to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to exempt from the sales and use tax levied for the support of the rapid transit system authorized by said Act certain transactions; and for other purposes. HR 511-1512. By Messrs. Gignilliat of the 105th, Alien of the 108th, Jones of the 109th, Triplett of the lllth, Toles of the 16th, Ellis of the 107th, Egan of the 25th, Lowrey of the 15th, Horton of the 43rd and others: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired public school, teachers who retired pursuant to a retirement or pension system of a county, municipality or local board of education; and for other purposes. HR 512-1512. By Messrs. Jones of the 109th, Alien of the 108th, Gignilliat of the 105th, Triplett of the lllth, Farrar of the 52nd, Ellis of the 107th, Hill of the 110th, Atherton of the 19th and Adams of the 14th: A Resolution proposing an amendment to the Constitution so as to remove the provisions requiring referendum elections on local or special laws dealing with county boards of education; and for other purposes. HB 1513. By Messrs. Grantham and Wheeler of the 127th: A Bill to be entitled an Act to amend an Act creating the Charter for the City of Douglas, so as to change the date for electing the board of commissioners of said city; and for other purposes. HB 1514. By Mr. McDonald of the 12th: A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to redefine the term "volunteer firemen"; to change the powers of the Board of Trustees of said Fund; and for other purposes. HB 1515. By Messrs. Egan of the 25th, Greer of the 43rd and Irvin of the 23rd: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Fulton County, so as to provide for the election of the chairman of the board of commissioners; and for other purposes. HB 1516. By Mr. Rush of the 104th: A Bill to be entitled an Act to provide that regulated certificated banks in certain counties (population not less than 3,650 and not more than 436 JOURNAL OF THE HOUSE, 3,850) may merge, consolidate or become a branch of any state-chartered bank situated in any county adjoining the county in which the regulated certificated bank is located, subject to the approval of the Commissioner of the Department of Banking and Finance; and for other purposes. HB 1517. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act providing for the purchase and sale of supplies and materials by the Board of Commissioners of Richmond County, so as to provide that the said provisions shall not apply when the cost of such materials and supplies exceeds $1,500; and for other purposes. HR 513-1517. By Mr. Connell of the 80th: A Resolution proposing an amendment to the Constitution so as to permit the governing authority of the County of Richmond to appropriate property, money and services for the purpose of advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Richmond County, and for the purpose of promoting and encouraging the location and expansion of industrial and commercial facilities and attracting tourists and conventions to said county; and for other purposes. HB 1518. By Messrs. Marcus of the 26th and Greer of the 43rd: A Bill to be entitled an Act to amend an Act to create the Council on Maternal Health, so as to change the membership of said Council; and for other purposes. HB 1519. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County. . . .", so as to provide for preservation of certain pension benefits by postponing the date for commencement of such benefits; and for other purposes. HB 1520. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County . . .", so as to change the formula for reduction of the amount of dependent benefits in certain cases; and for other purposes. HB 1521. By Mr. Greer of the 43rd: 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 THURSDAY, JANUARY 24, 1974 437 teachers and employees of the Board of Education of Fulton County. . . .", so as to clarify the public school, college or university service which is entitled to be considered as "prior service" and to include in the definition of "prior service" service rendered as a teacher in American Dependents' Schools; and for other purposes. HB 1522. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County. . .", so as to empower the Pension Board to adopt uniform rules to prescribe the terms upon which back payments can be made to the Pension Fund; and for other purposes. HB 1523. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County. . .", so as to provide that an employee may retire on a reduced pension at age fifty-five upon completion of twenty years of service; and for other purposes. HB 1524. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County. . .", so as to provide for pension benefits for certain employees and their beneficiaries in cases of total and permanent disability, under certain circumstances; and for other purposes. HB 1525. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County. . .", so as to reduce the amount of retirement benefits for certain employees; and for other purposes. HB 1526. By Mr. Colwell of the 4th: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to include Conservation Rangers of the Department of Natural Resources within the terms of said Act; and for other purposes. 438 JOURNAL OF THE HOUSE, HB 1527. By Mr. Matthews of the 62nd: A Bill to be entitled an Act to amend an Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, so as to provide that any present or future employee of the Department of Urban Renewal of the City of Athens shall be entitled to an option as to whether or not to participate in or decline coverage under the Pension Plan of the City of Athens; and for other purposes. SR 79. By Senators Wasden of the 2nd, Tysinger of the 41st, Smith of the 34th and others: A Resolution proposing an amendment to the Constitution so as to provide that the salary and allowances of any elected State officer may not be increased during the term to which such officers are elected; and for other purposes. SB 222. By Senator Kidd of the 25th: A Bill to be entitled an Act to provide that the superintendent or chief administrative or medical officer of any mental institution located in this State shall be a duly licensed physician authorized to practice medicine in this State; and for other purposes. SB 373. By Senator Lester of the 23rd: A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to delete all provisions relating to the present method of judicial hospitalization of patients to hospitals for the mentally ill, alcoholics, and drug dependent individuals; and for other purposes. SB 429. By Senator Thompson of the 32nd: A Bill to be entitled an Act to amend Code Section 79A-9915, so as to change the penalty provisions relating to possession of marijuana; and for other purposes. SB 445. By Senator Salter of the 17th: A Bill to be entitled an Act to provide for the election of members of the Board of Education of Upson County; to provide that the Board of Education shall consist of seven members; to provide for education districts; and for other purposes. SB 455. By Senator Thompson of the 32nd: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety for Georgia, so as to provide that in certain counties of- THURSDAY, JANUARY 24, 1974 439 ficers of the Department of Public Safety may render assistance to local authorities upon request of the chief officer of the county police force; and for other purposes. SB 459. By Senator Broun of the 46th: A Bill to be entitled an Act to amend an Act known as the "Georgia Firearms and Weapons Act", so as to define the term "shotgun"; to change the definition of the term "sawed-off shotgun"; and for other purposes. SB 469. By Senator Wasden of the 2nd: 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 no person shall operate a motor vehicle while wearing certain devices; and for other purposes. SB 477. By Senators Hudgins of the 15th and Jackson of the 16th: A Bill to be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, so as to change the provisions relative to certain Senatorial Districts; and for other purposes. Mr. Matthews of the 122nd District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture and Consumer 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 1324. Do Pass. HB 1402. Do Pass. HB 1452. Do Pass. Respectfully submitted, Matthews of the 122nd, Chairman. Mr. Vaughn of the 57th District, Chairman of the Committee on Highways, submitted the following report: Mr. Speaker: Your Committee on Highways has had under consideration the following Bills 440 JOURNAL OF THE HOUSE, of the House and Senate and has instructed me to report same back to the House with the following recommendations: HB 1350. Do Pass. HB 1276. Do Pass. HB 1373. Do Pass. SB 430. Do Pass. SB 448. Do Pass, as Amended. Respectfully submitted, Logan of the 62nd, Secretary. 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 following Bill of the House and has instructed me to report same back to the House with the following recommendation: HB 1332. 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 following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1286. Do Pass, by Substitute. HB 1355. Do Pass. HB 1391. Do Pass. Respectfully submitted, Carr of the 90th, Secretary. THURSDAY, JANUARY 24, 1974 441 Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 1251. Do Pass, as Amended. HB 473. Do Pass, as Amended. HB 1389. Do Pass. HB 1379. Do Pass. HB 1380. Do Pass, as Amended. HB 1343. Do Pass. HB 1238. Do Pass, as Amended. HB 127. Do Pass, by Substitute. HB 924. Do Pass, as Amended. HR 39- 135. Do Pass, by Substitute. HR 445-1253. Do Pass. Respectfully submitted, Snow of the 1st, 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 & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations: HB 1409. Do Pass. HB 1410. Do Pass. HB 1455. Do Pass. HR 461-1337. Do Pass. HR 503-1475. Do Pass. SB 300. Do Pass. Respectfully submitted, Colwell of the 4th, Chairman. 442 JOURNAL OF THE HOUSE, Mr. Levitas of the 50th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me to report same back to the House with the following recommendations: HB 1420. Do Pass. HB 1438. Do Pass. HB 1439. Do Pass. HB 1453. Do Pass. HB 1456. Do Pass. HB 1468. Do Pass. HB 1469. Do Pass. HR 493-1435. Do Pass. HR 501-1469. Do Pass. Respectfully submitted, Levitas of the 50th, Chairman. The Speaker Pro Tempore assumed the Chair. By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 1420. By Messrs. Phillips of the 103rd and Rush of the 104th: A Bill to be entitled an Act creating and establishing a Small Claims Court for Toombs County, Ga., to be known as the Small Claims Court of Toombs County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of the office of the judge of such Small Claims Court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. THURSDAY, JANUARY 24, 1974 443 The Bill, having received the requisite constitutional majority, was passed. HB 1438. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commissioner of Clayton County, approved Aug. 18, 1925 (Ga. Laws 1925, p. 600), as amended, so as to change the compensation of the Deputy Tax Commissioner; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1439. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clayton County, approved Feb. 8, 1955 (Ga. Laws 1955, p. 2064), as amended, so as to create Commissioner Posts; to stagger the terms of office of the members of the Board; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1453. By Mr. Fraser of the 117th: A Bill to be entitled an Act to incorporate the City of Walthourville in the County of Liberty; to create a charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for ordinances, bylaws, rules and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; and for other purposes. 444 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1456. By Messrs. Rush of the 104th and Brantley of the 92nd: A Bill to be entitled an Act to create the Reidsville Airport Authority; to provide for the membership thereof; to provide for the filling of vacancies; to provide for the payment of compensation and expenses; to determine a quorum; to provide for the election of officers; to enumerate powers and duties; to provide for funding; to provide for dissolution; 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 1468. By Mr. Brantley of the 92nd: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Candler County, approved Aug. 20, 1925 (Ga. Laws 1925, p. 584), as amended, so as to place the compensation of the Tax Commissioner of Candler County on a salary basis; to provide for clerical personnel; to provide 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 ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, JANUARY 24, 1974 445 HB 1343. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to provide for investigative grand juries in certain counties (population of not less than 400,000 or more than 600,000) ; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1469. By Mr. Brantley of the 92nd: A Bill to be entitled an Act to amend an Act placing the Sheriff of Candler County on a salary in lieu of fees, approved Mar. 11, 1965 (Ga. Laws 1965, p. 2301), as amended, so as to change the salary of the sheriff; to change the provisions relating to deputies and automobiles; to provide 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 ayes were 110, nays 0. The Bill, .having received the requisite constitutional majority, was passed. HR 493-1435. By Messrs. Gignilliat of the 105th, Jones of the 109th, Triplett of the lllth and others: A RESOLUTION Proposing an amendment to the Constitution so as to authorize an increase in retirement benefits of persons retired under the retirement system of the Board of Public Education for the City of Savannah and the County of Chatham; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: 446 JOURNAL OF THE HOUSE, "Any other provisions of this Constitution to the contrary notwithstanding, the Board of Public Education for the City of Savannah and the County of Chatham is hereby authorized to provide from time to time for an increase in retirement benefits of those persons who have retired under the provisions of the retirement system of said Board of Public Education, as well as those employees covered by said system who may retire in the future. Any funds available to said Board of Public Education may be utilized for the purposes provided for herein." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize an increase in retirement benefits of persons retired under the retirement system of the ( ) NO Board of Public Education for the City of Savannah and the County of Chatham?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carrell Castleberry Chance Clark Cole Collins, M. Collins, S. THURSDAY, JANUARY 24, 1974 447 Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dorminy Duke Edwards Egan Elliott Evans Farrar Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R, Irwin Jessup Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell 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 Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Brantley, H. H. Burruss Carr Coleman Colwell Daugherty Dean, N. Dixon Dollar Ellis Ezzard Floyd, J. H. Gignilliat Greer Hamilton Hill, B. L. Howell McDonald Rush Smith, J. R. Strickland Sweat Wheeler, Bobby Mr. Speaker On the adoption of the Resolution, the ayes were 156, nays 0. 448 JOURNAL OF THE HOUSE, The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 501-1469. By Mr. Brantley of the 92nd: A RESOLUTION Proposing an amendment to the Constitution so as to change the membership of the Bryan County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section VII, Paragraph V of the Constitution, as amended by an amendment creating the Bryan County Industrial Development Authority, ratified at the general election in 1968 and found in Georgia Laws 1968, page 1680, is hereby amended by striking from the aforesaid 1968 amendment the following: "B. The Authority shall be composed of seven members, one of whom shall be the member of the House of Representatives of Georgia whose Representative District includes Bryan County, and six of whom shall be residents of Bryan County appointed by the governing authority of Bryan County and said member of the House of Representatives of Georgia. The first members of the Authority shall take office on January 1, 1969. The members of the Authority shall serve for terms of office concurrent with the terms of office of the members of the governing authority of Bryan County, except the member of the House of Representatives who is a member of said Authority shall serve for a term concurrent with his term in the House of Representatives and shall serve from term to term as long as he remains a member of the House of Representatives. In the event vacancy occurs in the membership of the Authority by death, resignation or otherwise, the appointing authority shall fill the same, but in the event the vacancy occurs in the member's office who is a member of the House of Representatives, then his successor in office shall fill such vacancy. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority.", and inserting in lieu thereof the following: "B. The Authority shall be composed of seven members, all of whom shall be residents of Bryan County, to be appointed by the governing authority of Bryan County. The first members of the Authority shall take office on January 1, 1969, and shall serve for terms of office concurrent with the terms of office of the members of the governing authority of Bryan County. The one member to be appointed by the governing authority under this 1974 amendment THURSDAY, JANUARY 24, 1974 449 shall be appointed and shall take office January 1, 1975. In the event a vacancy occurs in the membership of the Authority, the governing authority shall apopint a person to serve the unexpired term. Prior to taking office each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to change ( ) NO the membership of the Bryan County Industrial Development Authority?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carrell Castleberry Chance Clark Cole Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dorminy Duke Edwards Egan Elliott Evans Farrar 450 Floyd, L. R. Foster Fraser Gei singer Grahl Grantham Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. JOURNAL OP THE HOUSE, Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell 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 Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Brantley, H. H. Burruss Carr Coleman Colwell Daugherty Dean, N. Dixon Dollar Ellis Ezzard Floyd, J. H. Gignilliat Greer Hamilton Hill, B. L. Howell McDonald Rush Smith, J. R. Strickland Sweat Wheeler, Bobby Mr. Speaker On the adoption of the Resolution, the ayes were 156, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. THURSDAY, JANUARY 24, 1974 451 The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate on January 23, at 1:10 P.M. has overridden the Governor's Veto #23 on the following Bill of the House, to-wit: HB 1059. By Mr. Miles of the 79th: A Bill to provide that the homestead of each resident of the Richmond County School District who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such school system; and for other purposes. The Senate on January 23, at 1:15 P.M. has overridden the Governor's Veto #24 on the following Bill of the House, to-wit: 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 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 Senate on January 23, at 1:20 P.M. has overridden the Governor's Veto #25 on the following Bill of the House, to-wit: HB 1079. By Mr. Dollar of the 63rd and others: A Bill to provide that the homestead of each resident of any county having certain populations (not less than 28,275 and not more than 29,650) who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes; and for other purposes. The Senate on January 23, at 1:25 P.M. has overridden the Governor's veto #26 on the following Bill of the House, to-wit: HB 1082. By Messrs. Bohannon and Patterson of the 64th: A Bill to provide that the homestead of each resident of certain counties (population not less than 45,000 and not more than 50,000) who is 452 JOURNAL OP THE HOUSE, 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes; and for other purposes. The Senate on January 23, at 1:30 P.M. has overridden the Governor's Veto #27 on the following Bill of the House, to-wit: HB 1221. By Messrs. Pearce of the 87th, Berry of the 96th, King and Davis of the 85th, Buck of the 87th and Thompson of the 86th: A Bill to provide that the homestead of each resident of Muscogee County School District who is 62 years of age or older and who has an income not exceeding $6,000 per annum shall be exempt from all ad valorem taxation for educational purposes; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit: SB 184. By Senators Lester of the 23rd, Doss of the 52nd and Kidd of the 25th: A Bill to amend an Act providing for payment for the cost of care of persons admitted or committed to State institutions, as amended, so as to provide that parents of retarded children in the custody and care of State institutions shall not be responsible for the cost after the child reaches 18 years old; and for other purposes. SB 472. By Senators Kennedy of the 4th, Gillis of the 20th and McDuffie of the 19th: A Bill to be entitled an Act to amend Section 68-201 of the Code of Ga., as amended, and to amend an Act approved Dec. 24, 1937, as amended, and codified as Section 92-2902 of the Code of Ga., both of which relate to the registration and the licensing of motor vehicles; and for other purposes. SB 461. By Senator Dean of the 6th: A Bill to amend an Act known as the Georgia Food Act, approved Feb. 23, 1956 (Ga. Laws 1956, p. 195), as amended so as to prohibit the labeling of a product as honey unless produced by bees; to prohibit the labeling of a product as imitation honey; to provide a penalty; and for other purposes. SB 476. By Senator McGill of the 24th: A Bill to amend an Act known as the "Georgia Meat Inspection Act", approved April 30, 1969 (Ga. Laws 1969, p. 1028), as amended, so as to THURSDAY, JANUARY 24, 1974 453 include rabbits within the provisions of said Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit: HB 227. By Mr. Greer of the 43rd: A Bill to amend Code Title 34, relating to elections, as amended, so as to change the method of qualifying to allow a candidate to qualify for a primary by a qualifying petition and to provide the necessary procedures for this method. The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit: SR 278. By Senators Langford of the 51st, Broun of the 46th, Doss of the 52nd and others: A Resolution expressing regrets at the passing of James Wallace "Wally" Butts; and for other purposes. The Senate insists on its Substitute to the following Bill of the House, to-wit: 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 Senate insists on its Amendments to the following Bill of the House, towit: HB 455. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to provide for the licensing of transient merchants; to provide for the procedures thereof; and for other purposes. The Senate adheres to its Substitute and has appointed a Committee of Conference on the following Bill of the House, to-wit: 454 JOURNAL OP THE HOUSE, HB 246. By Messrs. Brown of the 89th and Adams of the 36th: A Bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license; and for other purposes. The President has appointed on the part of the Senate the following Senators: Hudgins of the 15th, Ballard of the 45th, and Reynolds of the 48th. The Senate has passed by the requisite constitutional majority the following Bill of the House, to-wit: HB 314. By Messrs. Jones of the 109th, Chance of the 112th, Adams of the 14th, Snow of the 1st, Floyd of the 5th and others: A Bill to amend Code Section 59-105, relating to the compensation of jury commissioners and their clerk, so as to increase said compensation; and for other purposes. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 184. By Senators Lester of the 23rd, Doss of the 52nd and Kidd of the 25th: A Bill to be entitled an Act to amend an Act providing for payment for the cost of care of persons admitted or committed to State institutions, so as to provide that parents of retarded children in the custody and care of State institutions shall not be responsible for the cost after the child reaches 18 years old; and for other purposes. Referred to the Committee on State Institutions & Property. SB 461. By Senator Dean of the 6th: A Bill to be entitled an Act to amend an Act known as the Georgia Food Act, so as to prohibit the labeling of a product as honey unless produced by bees; to prohibit the labeling of a product as imitation honey; and for other purposes. Referred to the Committee on Health and Ecology. SB 472. By Senators Kennedy of the 4th, Gillis of the 20th and McDuffie of the 19th: A Bill to be entitled an Act to amend Section 68-201 of the Code of Georgia, and codified as Section 92-2902 of the Code of Georgia, both of THURSDAY, JANUARY 24, 1974 455 which relate to the registration and the licensing of motor vehicles; and for other purposes. Referred to the Committee on Motor Vehicles. SB 476. By Senator McGill of the 24th: A Bill to be entitled an Act to amend an Act known as the "Georgia Meat Inspection Act", so as to include rabbits within the provisions of said Act; and for other purposes. Referred to the Committee on Health and Ecology. The following Resolutions of the House and Senate were read and adopted: HR 526. By Messrs. McDonald of the 12th, Coleman of the 102nd, Wood of the 9th and others: A RESOLUTION Commending the firemen of Georgia; and for other purposes. WHEREAS, in the State of Georgia there are 12,000 firemen who man 475 fire departments; and WHEREAS, the goals of each and every one of these firemen are proudly stated to be prevention, life safety, and fire suppression; and WHEREAS, in the pursuit of these goals six firemen were called upon to give their lives in the past year; and WHEREAS, the firemen of Georgia have dedicated themselves to the protection of life and property from the beginning of their training at the Georgia Fire Institute through their cooperation with the State Fire Marshal in the investigation of fires and their causes; and WHEREAS, it is fitting and proper that the firemen of Georgia be recognized for their outstanding and courageous service to the people of this State. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that each and every fireman in this State is commended for his outstanding and courageous service to the people of this 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 Chief Tommy Nichols as President of the Georgia Association of Fire Chiefs and to Captain George Hope as President of the Georgia Firemen's Association. 456 JOURNAL OF THE HOUSE, HR 527. By Messrs. Snow and Hays of the 1st, Murphy of the 18th and Lewis of the 77th: A RESOLUTION Extending congratulations on the birth of Anna Louise Abney; and for other purposes. WHEREAS, Anna Louise Abney was born on Tuesday, March 13, 1973, at LaPayette, Walker County, Georgia; and WHEREAS, Judge Billy Shaw Abney, who is beginning his third year as the first Juvenile Judge of Walker County, Georgia, and who had served as a member of the General Assembly of Georgia for twelve years prior to becoming Judge, and his wife, Ann, who was Reading Coordinator for the Walker County School System for five years, are Anna Louise Abney's proud parents; and WHEREAS, the members of this Body are most pleased and delighted at the good fortune of Judge Abney and Mrs. Abney. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest congratulations are hereby offered to Judge and Mrs. Billy Shaw Abney and Shaw Walker Abney upon the birth of their daughter and sister, Anna Louise Abney. BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the above named persons. HR 528. By Messrs. Patten of the 124th, Greer of the 43rd, Busbee of the 114th and others: A RESOLUTION Honoring the Reverend John W. Harrell, Sr.; and for other purposes. WHEREAS, John Harrell was a little dirty-faced barefoot boy when he first heard the call of the Lord in a little south Georgia country town; and WHEREAS, three days past his nineteenth birthday, Johnny Harrell began a ministry of the Gospel almost without equal for its dedication, service and devotion; and WHEREAS, to no man do the words of Matthew 7:20 apply more aptly, for as "... a man is known by the fruit he beareth", Johnny Harrell is known by the love and joy he has brought to those whom his life has touched, those whom he has united in God as the "Marrying Parson", those whom he has brought to God as "Brother Johnny", and THURSDAY, JANUARY 24, 1974 457 those whose lives have been immeasurably enriched by knowing Johnny Harrell as "friend"; and WHEREAS, on January 20, 1973, Johnny HarrelPs friends and relatives joined in a celebration of his fiftieth year in the ministry by returning to his first church and listening as Johnny again spoke the words he had first spoken as a pastor; and WHEREAS, Johnny Harrell's life is beautifully seen in the words of one of his close friends, "He went about doing good". NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body honors the Reverend John W. Harrell, Sr. on the occasion of his fiftieth year in the ministry, for his devoted service and love for God and the people of this State. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Reverend John W. Harrell, Sr. HR 529. By Messrs. Gignilliat of the 105th, Jones of the 109th, Triplett of the lllth and others: A RESOLUTION Commending Coach B. J. Saunders; and for other purposes. WHEREAS, B. J. Saunders became Director of Athletics and Head Coach of Football and Basketball on August 1, 1958, at Savannah Country Day School; and WHEREAS, he has consistently demonstrated a sincere devotion to Savannah Country Day School and given dedicated leadership and guidance to the many young men who have played under his tutelage as Coach since August 1, 1958; and WHEREAS, he is a man admired by his players, colleagues and friends for his courage, convictions and abilities in the field of sports and in his personal life and endeavors; and WHEREAS, the first football game in which he participated as Coach and won was Savannah Country Day School versus H. V. Jenkins High School "B" Team with Savannah Country Day School winning 6 to 2 in October of 1958; and WHEREAS, Savannah Country Day School played Treutlen County High School in Soperton, Georgia, on October 12, 1973, with Savannah Country Day School winning 61 to 8 and which victory was the 100th win for Coach Saunders in his illustrious coaching career; and WHEREAS, the attainment of 100 victories in a high school coaching 458 JOURNAL OF THE HOUSE, career marks a milestone which should not be overlooked, and the House of Representatives desires to afford and accord proper recognition for this outstanding achievement. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and honor Coach B. J. Saunders and the Savannah Country Day School Hornets for the attainment of 100 football victories and express best wishes for many more years of continued success. BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Coach B. J. Saunders. HR 530. By Messrs. Adams of the 36th, Stephens of the 37th, Brantley of the 22nd and others: A RESOLUTION Honoring Charles H. Leftwich; and for other purposes. WHEREAS, the dedication of a man to public service without the desire for reward has become all too rare in our day and time; and WHEREAS, one of those few who have continued their dedication and devotion to public service is Charles H. Leftwich; and WHEREAS, Charles H. Leftwich has served for twenty-two consecutive years as a member of the Atlanta Board of Aldermen, and for eighteen years as Chairman of the Board's Committee on Parks; and WHEREAS, Charles H. Leftwich has further served the young people of this State through his thirty years of work with boys and boys' clubs, particularly as a charter member of the Whitehead Memorial Boys' Club; and WHEREAS, Charles H. Leftwich's devotion and love for the City of Atlanta has called him to the fore as community leader, civic leader, social leader, and religious leader. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body recognizes and honors Charles H. Leftwich for his years of devoted service to the people of this State. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this Resolution to Mr. Charles H. Leftwich. THURSDAY, JANUARY 24, 1974 459 HR 531. By Messrs. Davis of the 56th, Russell of the 53rd, Harris of the 51st and others: A RESOLUTION Commending Miss Ina Mae Jones; and for other purposes. WHEREAS, Miss Ina Mae Jones, a lifelong resident of DeKalb County, has been named DeKalb County Teacher of the Year; and WHEREAS, for thirty-seven years, Miss Jones has taught at Tucker High School; and WHEREAS, during her long and distinguished career as an educator, she has launched many innovative programs within the DeKalb County School System; and WHEREAS, through her unique abilities to instruct the young people of DeKalb County, she has endeared herself to many generations of students; and WHEREAS, Miss Ina Mae Jones has been an outstanding member of the civic, religious and educational life of her community. NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Miss Ina Mae Jones is hereby commended for her outstanding accomplishments during her long and distinguished career as a teacher of the DeKalb County School System and upon her receiving the high and distinct honor of being named as the DeKalb County Teacher of the Year. 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 Miss Ina Mae Jones. HR 532. By Messrs. Pearce of the 87th, Berry and Thompson of the 86th and others: A RESOLUTION Expressing regret at the passing of Mr. Neal Thomas; and for other purposes. WHEREAS, Mr. Neal Thomas was born the son of Dr. and Mrs. J. A. Thomas on September 30, 1895, at Bairdstown, Georgia; and WHEREAS, Neal Thomas learned both a love for people and for education as the son of a Methodist minister assigned to numerous churches over the State of Georgia; and 460 JOURNAL OF THE HOUSE, WHEREAS, after graduation from Emory College, Neal Thomas began a career in education which touched and inspired young people in this State over a period of five decades until his retirement from Columbus High School in 1966; and WHEREAS, Mr. Neal Thomas passed away on Monday, January 21, 1974. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body expresses its sincere regrets at the passing of Mr. Neal Thomas. 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 Mr. Thomas' sisters: Mrs. T. Cook Smith, Mrs. Colen I. Davies, and Mrs. George M. Chastain; to his brother, Mr. Morgan Thomas; and to Columbus High School, Columbus, Georgia. HR 533. By Messrs. Brown of the 34th, Bond of the 32nd and Alexander of the 38th: A RESOLUTION Commending the Honorable Maynard H. Jackson, Mayor of the City of Atlanta; and for other purposes. WHEREAS, the Honorable Maynard H. Jackson attended Oglethorpe Elementary School in Atlanta, David T. Howard High School, and upon completion of the 10th grade was accepted as a student at Morehouse College, from which he graduated, later earning his law degree cum laude at North Carolina Central University Law School; and WHEREAS, during his practice of law he has become widely known for the incisive manner in which he debated complex questions of law and for the outstanding manner in which he has represented his clients; and WHEREAS, he has served with distinction, dedication and ability as the Vice Mayor of Atlanta and has been widely known throughout the State for his many contributions to the civic, social and professional life of Atlanta and the State, having received numerous awards for his services as a member of numerous organizations. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize and commend the Honorable Maynard H. Jackson on his election as Mayor of the City of Atlanta. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit a copy of this resolution to the Honorable Maynard H. Jackson. THURSDAY, JANUARY 24, 1974 461 HR 535. By Messrs. Rush of the 104th and Murphy of the 18th: A RESOLUTION Expressing regret at the passing of Honorable J. Max Cheney; and for other purposes. WHEREAS, Honorable J. Max Cheney, Judge of the Superior Court of the Atlantic Judicial Circuit, passed away on Friday, January 11, 1974, after a short illness; and WHEREAS, Judge Cheney served as Solicitor of the State Court of Tattnall County for eight years, District Attorney of the Atlantic Judicial Circuit for six years, becoming Judge of the Superior Court in January, 1973; and WHEREAS, Judge Cheney has served the State of Georgia in these high positions of trust with great honor, distinction and ability; and WHEREAS, Judge Cheney was very active in the civic and religious affairs of his community and served as Deacon of the Reidsville Baptist Church as well as Sunday School Superintendent of his church; and WHEREAS, Judge Cheney was an outstanding member of his profession and an outstanding citizen, and he fully deserved and received the admiration and respect of his fellow citizens throughout the State of Georgia; and WHEREAS, Judge Cheney is survived by his wife, Mrs. Martha Phillips Cheney; three sons, John Max, Jr., David Phillips, and James Carr Cheney, II; his mother Mrs. C. L. Cheney, and two brothers, Curtis V. and Julian P. Cheney. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the passing of Honorable J. Max Cheney, Judge of the Superior Court of the Atlantic Judicial Circuit. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mrs. Martha Phillips Cheney. SR 273. By Senator Kidd of the 25th: A RESOLUTION Expressing regret at the passing of Mary Florence Moore; and for other purposes. WHEREAS, on March 30, 1913, a first child of Enoch Phillip and 462 JOURNAL OF THE HOUSE, Cornelia Moore, to be named Mary Florence, was born in LaGrange, Georgia; and WHEREAS, after attending the public schools of LaGrange, the LaGrange College, Elon College, and the Peabody School of Music, Mary Florence began what was to be a lifelong dedication to young people and to Christian principles of life; and WHEREAS, her dedication saw Mary Florence successively direct and coordinate the Arts Department at Callaway Mills, the Callaway Mills Teen-Age Club, and the Georgia Recreation Association's statewide teen-age club program; and WHEREAS, Mary Florence, by now known and loved by everyone as "Flo", followed her concerns and loyalties into the public life of Georgia by taking leave from her work to support Jimmy Bentley in his successful campaign for Comptroller General of Georgia; and WHEREAS, after Jimmy Bentley's election, "Flo" became his "Girl Friday" as Administrative Deputy; later providing invaluable aid to his successor Johnnie Caldwell in the same position; and WHEREAS, the meaning of the word "quit" held no meaning for "Flo" Moore, either in her work for young people, her beloved United Christian Congregational Church, or her family; and WHEREAS, Mary Florence Moore passed away on November 8, 1973; and WHEREAS, Mary Florence Moore, a best friend of all the people of Georgia, is sorely missed by all of us whom she so willingly helped. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY of Georgia that this body expresses its most deeply felt regrets at the passing of Mary Florence Moore. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to Mary Florence Moore's sister, Mrs. Dot Thornberry; to other members of Mary Florence Moore's family; to appropriate employees of the Office of Comptroller General; and to the Honorable James L. Bentley, Jr. SR 278. By Senators Langford of the 51st, Broun of the 46th, Doss of the 52nd and others: A RESOLUTION Expressing regrets at the passing of James Wallace "Wally" Butts; and for other purposes. THURSDAY, JANUARY 24, 1974 463 WHEREAS, James Wallace Butts, legendary coach of the Georgia Bulldogs football team, passed away on December 17, 1973; and WHEREAS, James Wallace Butts, or "Wally", as he was affectionately known, was born February 7, 1905, in Milledgeville, Georgia, and played football, baseball and basketball at Georgia Military College in Milledgeville; and WHEREAS, he graduated from Mercer University where he played all three sports, captained the football team, and in spite of his small size, made ALL-SIAA end his senior year; and WHEREAS, his coaching career started at Madison A&M from 1928 to 1931, where he had a Southern Prep championship team, continued at Georgia Military College from 1932 to 1934, where he also had a Southern Prep championship team; from there to Male High School, Louisville, Kentucky, from 1935 to 1937, where he had outstanding teams, including one undefeated season; and from there to the university of Georgia as assistant coach in 1938 and head coach in 1939; and WHEREAS, his Bulldog teams from 1939 through 1960 compiled an outstanding record, including four SEC championships (1942-46-4859) and eight Bowl games in which the Bulldogs won five, lost two and tied one; and WHEREAS, his 1942 team defeated UCLA in the Rose Bowl and his 1946 team was undefeated and untied; and WHEREAS, Coach Butts was also Athletic Director at Georgia, served as President of the American Football Coaches Association and was the South's representative on the National Football Rules Committee; and WHEREAS, his record while at Georgia was 140 games won, 86 lost and 9 tied for a winning percentage of .614, a remarkable record considering that his teams played over two-thirds of all games on the road; and WHEREAS, many of his players made All American, among the best known being Frankie Sinkwich, Charlie Trippi and Francis Tarkenton; and WHEREAS, he was recognized as college football's greatest passing coach, and his pass patterns were years ahead of their time; and WHEREAS, Coach Butts, while being a strong disciplinarian, at the same time had a heart of gold and was always a soft touch for his players and many others who were the beneficiaries of his warmth and friendship; and WHEREAS, after his coaching career ended, he still took an 464 JOURNAL OP THE HOUSE, active part in Georgia football, maintaining his strong loyalty to the Bulldogs up to the very end; and WHEREAS, he is survived by his beloved wife, Winnie, the former Winifred Paye Taylor, and three daughters, Mrs. John Jones of Atlanta; Mrs. Prank Jones of Richmond, Virginia; Mrs. George Murray of Griffin; and several grandchildren. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that deepest regrets are hereby expressed at the passing of James Wallace "Wally" Butts, and the heartfelt sympathy of all the members of this body is hereby extended to his family. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mrs. Butts and the other members of his family. The following Resolutions of the House were read and referred to the Committee on Rules: HR 519. By Messrs. Murphy of the 18th, Busbee of the 114th, Buck of the 87th and others: A RESOLUTION Amending the Rules of the House; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 130 is hereby amended by striking the first sentence which reads as follows: "The Clerk shall, as soon as possible after any bill or resolution of general application is filed in his office, cause the same to be printed and a copy thereof distributed to each member forthwith.", and inserting in lieu thereof the following: "The Clerk shall, as soon as possible after any bill or resolution of general application is filed in his office, cause the same to be printed, and when such bill or resolution is placed on the general calendar the Clerk shall distribute a copy thereof to each member of the House." HR 520. By Messrs. Hutchinson of the 114th, Lane of the 40th, Keyton of the 121st and many others: A RESOLUTION Amending the Rules of the House; and for other purposes. THURSDAY, JANUARY 24, 1974 465 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Rule 209 is hereby amended as follows: By adding immediately preceding the following: "1. Agriculture and Consumer Affairs.", the following: "1. Aging.", and by renumbering the remaining Committees, 1. through 27., and 2. through 28. respectively. HR 534. By Messrs. Adams of the 36th, Lane of the 40th, Harrison of the 116th and others: A RESOLUTION Creating the Regulation of Cemeteries Study Committee; and for other purposes. WHEREAS, it has been brought to the attention of members of the General Assembly that certain private cemetery companies are requiring owners of property within such cemetery to deal with contractors named or controlled by the cemetery company in building monuments and completing construction related thereto; and WHEREAS, it has been alleged that the prices charged in connection with building such monuments, in some instances, have been unreasonably high with no realistic relationship between costs actually incurred and the prices charged; and WHEREAS, this matter should be investigated by the General Assembly to the end that legislation may be enacted, if such investigation reveals the need therefor, to protect the interests of persons owning cemetery plots. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Cemetery Regulation Study Committee to be composed of five members of the House of Representatives appointed by the Speaker thereof. Such Committee shall make a study and investigation of all matters relative to the practices heretofore named in this Resolution and propose legislation, if such study reveals the need therefor, to prohibit, limit or control such practices. BE IT FURTHER RESOLVED that each member of the Committee shall receive the expenses and allowance's provided by law for legislative members of interim legislative committees but shall receive the same for not more than 10 days unless additional days are authorized by the Speaker. The funds necessary to carry out the provisions 466 JOURNAL OF THE HOUSE, 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 on or before December 1, 1974, on which date the Committee shall stand abolished. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industrial Relations and referred to the Committee on Industry: HB 1431. By Messrs. Shanahan of the 7th, Colwell of the 4th, Ross of the 72nd and others: A Bill to be entitled an Act to amend an Act known as the "Georgia Electrical Contractors Act", so as to change the provisions relative to the issuance of licenses without examination; and for other purposes. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 176. By Mr. Greerof the 43rd: A Bill to be entitled an Act to provide credit for prior service to general employee and teacher members of pension systems of cities of more than 200,000 population under certain circumstances; and for other purposes. The following report of the Committee of Conference was read : March 16, 1973 6:45 P. M. The Conference Committee on the Senate Amendment to House Bill No. 176, make the following report: We do agree to the Conference Committee Report to House Bill No. 176. /s/ Stephens of the 36th /s/ Coggin of the 35th /s/ Johnson of the 38th /s/ Greer of the 43rd-Post 3 /s/ Hawes of the 43rd-Post 1 /s/ Townsend of the 24th The Conference Committee recommends both Houses recede from their positions and accept the Senate amendment, as amended, as follows: THURSDAY, JANUARY 24, 1974 467 By inserting in the title immediately following the word and semicolon "expired;" in line 25 on page 2, the following: "to provide for full pension benefits for certain employees whose positions are abolished;". By renumbering Sections 5 and 6 as Sections 6 and 7, respectively. By adding a new Section 5, to read as follows: "Section 5. Any employee of any city in this State having a population of 300,000 or more according to the United States decennial census of 1970 or any future such census, whose position is abolished, shall be entitled to full pension benefits without' penalty for age; provided said employee has at least twenty-five years of city service and has been in the position being abolished for at least twenty years prior thereof; and provided further that said employee shall be entitled to the aforementioned benefits in the event said city shall not provide him with employment at a comparable salary." Mr. Hawes of the 43rd moved that the report of the Committee of Conference on HB 176 be rejected and that a second 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 second Committee of Conference on HB 176 on the part of the House the following members thereof: Messrs. Greer and Hawes of the 43rd and Townsend of the 24th. The Speaker Pro Tempore assumed the chair. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: 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. 468 JOURNAL OF THE HOUSE, The following Senate amendment was read : The Committee on County and Urban Affairs offers to amend H. B. 1179 as follows: By striking- from line 20 of page 1, and from line 23 of page 1 the following: "$10,000.00", and inserting in lieu thereof the following: "$10,001.00". The following House amendment to the Senate amendment was read and adopted: Mr. Murphy of the 18th moves to amend the Senate amendment to H. B. 1179 as follows: (1) By striking said Senate amendment in its entirety. (2) By striking from the title the following: "to authorize the Sheriff of Haralson County to appoint two additional employees as jailers or radio operators, or both", and inserting in lieu thereof the following: "to change the compensation of the present deputies of the sheriff; to authorize the sheriff to appoint two additional employees". (3) By renumbering Sections 2, 3, 4 and 5 as Sections 3, 4, 5 and 6 respectively. (4) By adding a new Section to be numbered Section 2 to read as follows: "Section 2. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: 'Section 5. The sheriff shall have the authority to appoint two deputies, who shall each receive a salary of $8,000.00 per annum, payable in equal monthly installments from the funds of Haralson County. In addition, the sheriff shall have the authority to appoint one additional deputy and a jailer. Such additional deputy and jailer shall each receive compensation in an amount to THURSDAY, JANUARY 24, 1974 469 be fixed by the Sheriff and the Commissioner of Haralson County. Such compensation shall not exceed the compensation paid the other two deputies.' " (5) By striking newly numbered Section 3 of said bill in its entirety and inserting in lieu thereof a new Section 3 to read as follows: "Section 3. Said Act is further amended by adding a new Section to be known as Section 5A to read as follows: "Section 5A. The sheriff is hereby authorized to appoint two employees in addition to those employees otherwise authorized by the provisions of this Act. Such employees shall be employed as either jailers, or radio operators, or deputies, or any combination thereof. Each such employee shall receive a salary of $6,000.00 per annum payable in equal monthly installments from the funds of Haralson County. The compensation of either or both of such employees may be increased to not more than $8,000.00 per annum if agreed to by both the Sheriff and the Commissioner. The sheriff shall prescribe the duties of such additional employees.' " Mr. Murphy of the 18th moved that the House agree to the Senate amendment to HB 1179, as amended by the House. On the motion, the ayes were 103, nays 0. The motion prevailed and the Senate amendment to HB 1179, as amended by the House, was agreed to. The Speaker assumed the Chair. The following Bill of the House was taken up for the purpose of considering the Senate's insistence upon its position in amending the same: HB 455. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to be entitled an Act to provide for the licensing of transient merchants; to provide for the procedures therefor; and for other purposes. Mr. Bennett of the 124th moved that the House insist upon its position in disagreeing to the Senate amendments to HB 455 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. 470 JOURNAL OP THE HOUSE, The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members thereof: Messrs. Groover of the 75th, Burton of the 47th and Walker of the 100th. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 1309. By Messrs. Johnson, Lee, Bailey and Northcutt of the 68th: A Bill to be entitled an Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide that real estate salesmen shall furnish evidence of completion of thirty in-class hours in a course of study approved by the Commission or, in lieu thereof, a correspondence course approved by the Commission, or furnished a certificate that he has successfully completed at least 15 credit hours in subjects related to real estate at an accredited college; and for other purposes. The following amendment was read and adopted: The Industry Committee moves to amend H. B. No. 1309 by striking the word "fifteen" on line 14 page 2, and inserting the word "5". 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. Alexander, W. H. Alexander, W. M. Bailey Beckham Berlin Blackshear Bostick Brantley, H. L. Brown, C. Browns, S. P. Busbee Carlisle Carr Carrell Cole Collins, M. Collins, S. Coney Connell Daugherty Davis, W. Dent Edwards Egan Elliott Foster Geisinger Grahl Groover Harden Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton Howard Hutchinson Irvin,J. Irvin, R. Johnson Jordan Keyton Knight Lambert Lane, Dick Lee Levitas Lewis Logan THURSDAY, JANUARY 24, 1974 471 Lowrey Marcus Mason Matthews, C. McDaniell Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Peters Rainey Reaves Ritchie Roach Rogers Rush Russell, J. Russell, W. B. Sams Savage Smith, V. B. Snow Stephens Sweat Toles Tucker Turner Vaughn Waddle Walker Wall Ware Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Adams, J. H. Atherton Bennett Bohannon Bond Burton Castleberry Clark Colwell Dixon Floyd, L. R. Harrington Hudson Irwin King Kreeger Lane, W. J. Mauldin McKinney Patterson Ross Shanahan Strickland Thompson Wheeler, B. Wilson, J. M. Those not voting were Messrs.: Adams, M. Alien Berry Brantley, H. H. Bray Brown, B. D. Buck Burruss Chance Coleman Davis, F. T. Dean, Gib Dean, J. E. Dean, N. Dickey Dollar Dorminy Duke Ellis Evans Ezzard Farrar Floyd, J. H. Fraser Gignilliat Grantham Greer Hamilton Hill, B. L. Horton, W. L. Howell Jessup Jones Karrh Larsen, G. K. Larsen, W. W. Matthews, D. R. McCracken McDonald Pea-ce Petro Phillips, G. S. 472 Phillips, L. L. Pinkston Shepherd Smith, J. R. JOURNAL OF THE HOUSE, Thomason Townsend Triplett Twiggs Wamble Mr. Speaker On the passage of the Bill, as amended, the ayes were 102, nays 26. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1241. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to create a State Boxing Commission; to provide the jurisdiction, duties and authority of said Commission; and for other purposes. The following Committee amendment was read and adopted: The Committee on Recreation moves to amend HB 1241 as follows: By inserting in line 20 on page 1 between the word "members" and the word "shall" the words "of the Senate". By inserting in line 22 on page 1 between the word "members" and the word "shall" the words "of the House". The following amendment was read and adopted: Mr. Berlin of the 89th moves to amend HB 1241 by relabeling Section 2 to Section 2 (a) and then adding Section 2(b) : "Professional boxing as used herein is defined as a match between two fighters or boxers for a profit." The report of the Committee which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: THURSDAY, JANUARY 24, 1974 473 Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, J. Adams, M. Alexander, W. M. Bailey Beckham Bennett Berlin Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Burton Carlisle Carr Carrell Castleberry Cole Collins, S. Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dixon Dorminy Duke Edwards Elliott Ezzard Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Groover Harden Harrington Harris, J. F. Harrison Hatcher Hawes Hays Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Karrh Keyton King Kreeger Lane, Dick Larsen, G. K. Lee Levitas Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Toles Tucker Turner Vaughn Waddle Walker Wall Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wood Those voting in the negative were Messrs.: Alexander, W. H. Berry Bond Brown, B. D. Coney Daugherty Dent Gignilliat Harris, J. R. Hill, B. L. Horton, G. T. Irwin Knight Larsen, W. W. Thompson 474 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Alien Atherton Blackshear Brown, C. Buck Burruss Busbee Chance Clark Coleman Collins, M. Colwell Dean, Gib Dickey Dollar Egan Ellis Evans Farrar Floyd, ,1. H. Greer Hamilton Jones Jordan Lambert Lane, W. J. Lewis Marcus McCracken McDonald Mulherin Mullinax Nessmith Reaves Russell, W. B. Townsend Triplett Twiggs Wamble Ware Wilson, J. M. Wilson, M. L. Mr. Speaker On the passage of the Bill, as amended, the ayes were 122, nays 15. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1262. By Mr. Reaves of the 124th: A Bill to be entitled an Act to amend Code Title 62, relating to livestock, so as to substantially revise, modernize and supersede Code Chapter 62-1, relating to marks and brands; to establish within the Department of Agriculture a Division of Marks and Brands; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to amend Code Title 62, relating to livestock, as amended, so as to substantially revise, modernize and supersede Code Chapter 62-1, relating to marks and brands, as amended by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 175) ; to provide for registration of marks, brands and tattooes; to provide for certificates; to provide for applications; to provide for the practices and procedures in connection with the issuance and cancellation of registrations; to provide for notices; to provide for evidence; to provide for the filing of marks, brands and tattooes with the Ordinary; to provide for changes of recorded marks and brands; to provide for rules and regulations; to provide for other matters relative to the foregoing; to provide an effective date; to repeal Code Section 62-9901, relating to single brands and marks and branding and marking increase; to repeal conflicting laws; and for other purposes. THURSDAY, JANUARY 24, 1974 475 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Title 62, relating to livestock, as amended, is hereby amended by striking Code Chapter 62-1, relating to marks and brands, as amended by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 175), in its entirety and inserting in lieu thereof a new Code Chapter 62-1, to read as follows: "Chapter 62-1 Marks and Brands 62-101. Commissioner of Agriculture to administer Chapter. It shall be the duty of the Commissioner of Agriculture to administer the provisions of this Chapter and any rules and regulations adopted pursuant to this Chapter. 62-102. Certificates of Mark, Brand or Tattoo Registration. Any person owning any livestock and desiring to register a mark, brand or tattoo shall apply to the Commissioner of Agriculture for a Certificate of Mark, Brand or Tattoo Registration. Application for a Certificate shall be made on forms provided by the Department of Agriculture. Applications shall contain or be accompanied by such information as may be required by rule or regulation. In issuing Certificates, the Commissioner shall not issue Certificates to more than one person for the same or substantially identical marks, brands or tattooes. No provision of this Chapter shall affect or impair the validity of any mark, brand or tattoo registered or recorded in the office of the Commissioner of Agriculture prior to April 1, 1974. Prior to the first day of July of 1974, and of each fifth year thereafter, the Commissioner shall purge from his lists of registrations the registrations of all marks, brands or tattooes which the person to whom they are registered does not desire to retain as a registered mark, brand or tattoo. Prior to removing a mark, brand or tattoo from registration, the Commissioner shall notify the person to whom the mark, brand or tattoo is registered by registered mail that such registration will be cancelled unless the Commissioner is notified within a period of three months from the date of mailing that such person desires to continue the registration of his mark, brand or tattoo. If the Commissioner does not receive a reply within three months, he may cancel the registration of such mark, brand or tattoo and may then reassign such mark, brand or tattoo to any person seeking to register it, under such rules and regulations as may be prescribed by the Commissioner. There shall be no charge or fee for registration. It shall be the duty of the Commissioner of Agriculture to transmit a copy of any Certificate of Mark, Brand or Tattoo Registration to the Ordinary of the county of residence of the person to whom the Certificate is issued or to the Ordinary of the county in which the animals to be marked, branded or tattooed are located if the owner thereof is not a resident of Georgia. It shall be the duty of the Ordinary to record the certificate in a book kept by him for that purpose. 476 JOURNAL OP THE HOUSE, 62-103. Evidence. The fact that any livestock is marked, branded or tattooed with a registered mark or brand shall constitute prima facie evidence in any trial or proceeding that such livestock belongs to the person to whom the Certificate of Mark, Brand or Tattoo Registration for that particular mark, brand or tattoo was issued. The provisions of this Section shall not apply to livestock marked or branded prior to April 1, 1974, unless the mark, brand or tattoo was registered or recorded in the office of the Commissioner of Agriculture. 62-104. Change of recorded marks and brands. No registered mark, brand or tattoo shall be changed, so as to be of any avail to the owner, unless permission is first granted by the Ordinary, and a minute made thereof. 62-105. Rules and regulations. The Commissioner of Agriculture is hereby authorized to promulgate and adopt such rules and regulations as may be necessary or convenient to carry out the provisions of this Chapter." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. Code Section 62-9901, relating to single brands and marks and branding and marking increase, is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: Mr. Reaves of the 124th moves to amend the Committee substitute to HB 1262 as follows: By striking in its entirety the sentence beginning on line 11 of page 3, which reads as follows: "It shall be the duty of the Ordinary to record the certificate in a book kept by him for that purpose.", and inserting in lieu thereof the following: "The Ordinary may record the certificate in a book kept by him for that purpose.". By striking from line 28 of page 3 the term "Ordinary" and inserting in lieu thereof the term "Commissioner". THURSDAY, JANUARY 24, 1974 477 The Committee substitute was adopted, as amended. 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 98, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 1359. By Messrs. Dorminy of the 115th, Dixon of the 126th, Castleberry of the 96th and others: A Bill to be entitled an Act to amend Code Chapter 26-13, pertaining to crimes involving bodily injury and related offenses, so as to provide that it shall be unlawful for a person to inflict a violent injury or attempt to commit a violent injury to the person of another while such person is riding upon any conveyance being operated by any public carrier of railroad; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to amend Code Chapter 26-13, pertaining to crimes involving bodily injury and related offenses, so as to provide that a person commits a terroristic act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 26-13, pertaining to crimes involving bodily injury and related offenses, is hereby amended by adding a new Section, to be numbered Code Section 26-1307.C.I to read as follows: "26-1307.C.I. A person commits a terroristic act when he shoots at or throws an object at a conveyance being operated or occupied by passengers." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. 478 JOURNAL OP THE HOUSE, The following amendment was read and adopted : Mr. Dorminy of the 115th moves to amend the Committee substitute to HB 1359 by inserting in line 12 before the word "being" the words "which is" and between the words "or" and "occupied" the words "which is". 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, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, M. Coiling, S. Connell Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Floyd, J. H. Floyd, L. R. Foster Eraser Geisinger Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. P. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Karrh Keyton King Knight Kreeger Lane, Dick Larsen, G. K. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey THURSDAY, JANUARY 24, 1974 479 Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, V. B. Snow Stephens Strickland Sweat Thomason 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.: Berlin Coney Horton, W. L. Those not voting were Messrs.: Adams, John Bennett Burton Coleman Colwell Daugherty Dean, Gib Dean, J. E. ' Farrar Groover Hamilton Harris, J. R. Hill, B. L. Howell Jessup Jordan Lambert Lane, W. J. Larsen, W. W. Nessmith Noble Shepherd Smith, J. R. Toles Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 152, navs 3. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 1401. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend Code Chapter 79A-4, relating to pharmacists, so as to authorize the Joint Secretary, State Examining Boards, to issue temporary licenses under certain conditions; and for other purposes. 480 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, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Berlin Blackahear Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Eraser Geisinger Grahl Grantham Greer Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson, R. Jones Karrh Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Lewis Lowrey Mason Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, V. B. Stephens Strickland Sweat Thomason Townsend Triplett Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby THURSDAY, JANUARY 24, 1974 481 Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Adams, John Bailey Beckham Bennett Berry Bond Bostick Brown, B. D. Buck Burton Colwell Dean, Gib Dean, J. E. Dollar Gignilliat Groover Harden Howell Jessup Jordan Lambert Larsen, W. W. Logan Marcus Matthews, C. McDonald Noble Pearce Pinkston Rogers Shepherd Smith, J. R. Snow Thompson Toles Tucker Twiggs Mr. Speaker On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed. The Speaker Pro Tempore assumed the Chair. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 1098. By Mr. Davis of the 85th: A Bill to be entitled an Act to amend Section 92-3102 of the Code of Georgia of 1933, so as to provide for the clarification of the nondeductibility of certain taxes paid by corporations; and for other purposes. The following Committee amendment was read and adopted: The Committee on Ways and Means moves to amend HB 1098 by deleting from the last line of Section 2 "January 1, 1973" and inserting in lieu thereof "January 1, 1974". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. 482 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, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Berry Blackshear Brantley, H. H. Bray Brown, C. Buck Burruss Burton Busbee Carr Carrell Castleberry Clark Cole Coleman Collins, S. Coney Connell Davis, E. T. Davis, W. Dent Dixon Dorminy Duke Edwards Egan Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Grantham Greer Groover Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R. Jessup Jordan Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Lowrey Mason Matthews, D. R. Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Reaves Ritchie Roach Ross Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Stephens Strickland Sweat Thomason Thompson Toles Townsend 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.: Bohannon Dean, N. Howard McDaniell Wilson, J. M. THURSDAY, JANUARY 24, 1974 483 Those not voting were Messrs.: Adams, John Dickey Alien Dollar Beckham Elliott Bennett Praser Berlin Gignilliat Bond Grahl Bostick Hamilton Brantley, H. L. Harden Brown, B. D. Hays Brown, S. P. Howell Carlisle Irwin, J. R. Chance Johnson Collins, M. Jones Colwell Karrh Daugherty Knight Dean, Gib Larsen, W. W. Dean, J. E. Lewis Logan Marcus Matthews, C. McCracken Nix Peters Pinkston Rainey Rogers Rush Russell, W. B. Snow Triplett Tucker Twiggs Mr. Speaker On the passage of the Bill, as amended, the ayes were 125, nays 5. The Bill, having received the requisite constitutional majority, was passed, as amended. Mr. Buck 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 HB 1098 as amended. HB 1099. By Mr. Davis of the 85th: A Bill to be entitled an Act to amend Section 92-3303 of the Code of Georgia of 1933, so as to reduce from two years to 90 days the time within which taxes may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service; and for other purposes. The following Committee amendment was read and adopted: The Committee on Ways and Means moves to amend HB 1099 as follows: by deleting from the last line of Section 2 "1973" and inserting in lieu thereof "1974". The following amendment was read and adopted: Mr. Egan of the 25th moves to amend HB 1099 by deleting from 484 JOURNAL OF THE HOUSE, lines 4 through 7 of the title thereof the following words: "taxes may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service;" and inserting in lieu thereof the following words: "a taxpayer shall make a return to the State Revenue Commissioner of any change or correction in his net taxable income, for any taxable period, following a final determination of such change or correction by the Federal Internal Revenue Service;" The following amendment was read: Mr. Buck of the 87th moves to amend HB 1099 by striking on line 9, page 2 "five years" and inserting "three years" and by correcting the caption accordingly. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Brown, C. Buck Burton Carlisle Coleman Collins, S. Colwell Connell Dean, J. E. Dean Dent Dixon Duke Edwards Ellis Farrar Floyd, J. H. Floyd, L. R. Foster Eraser Geisiriger Gignilliat Grahl Harden Harrington Harris, J. F. Harris, J. R, Hatcher Hays Hill, B. L. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Jessup Jones Jordan Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Levitas Lewis Lowrey Marcus Mauldin McCracken McDaniell Milford Moyer Mulherin Mullinax Nessmith Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Rainey Ritchie Roach Rogers Russell, W. B. Sams Shepherd Smith, J. R. Smith, V. B. Snow Stephens THURSDAY, JANUARY 24, 1974 485 Strickland Sweat Thompson Toles Triplett Tucker Twig-gs Walker Wall Ware Wheeler, Bobby Whitmire Williams Willis Wilson, 3. M. Wilson, M. L. Wood Those voting in the negative were Messrs.: Atherton Bailey Brantley, H. H. Carr Cole Daugherty Davis, E. T. Davis, W. Egan Elliott Hamilton Hill, G. Horton, W. L. Irvin,R. Irwin, J. R. Larsen, G. K. Lee Nix Noble Odom Petro Ross Russell, J. Savage Shanahan Townsend Turner Wamble Those not voting were Messrs.: Adams, Marvin Berlin Bray Brown, B. D. Brown, S. P. Burruss Busbee Carrell Castleberry Chance Clark Collins, M. Coney Dean, Gib Dickey Dollar Dorminy Evans Ezzard Grantham Greer Groover Harrison Hawes Howell Johnson Larsen, W. W. Logan Mason Matthews, C. Matthews, D. R. McDonald McKinney Miles Morgan Northcutt Phillips, L. L. Pinkston Reaves Rush Thomason Vaughn, Waddle Wheeler, J. A. Mr. Speaker On the adoption of the amendment, the ayes were 107, nays 28. The amendment was adopted. The following amendment was read and adopted: Mr. Buck of the 87th moves to amend HB 1099 by striking on line 486 JOURNAL OF THE HOUSE, 17 "within ninety days" and inserting in lieu thereof "within one year" and by amending the caption accordingly. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, J. H. Berry Brantley, H. H. Brantley, H. L. Bray Buck Burton Collins, S. Daugherty Davis, E. T. Dixon Edwards Egan Elliott Floyd, J. H. Greer Hamilton Harris, J. F. Hill, G. Horton, W. L. Hudson Hutchinson Irvin, R. Irwin, J. R. Jessup Lambert Lane, Dick Marcus Miles Morgan Moyer Noble Patten, G. C. Pearce Petro Ross Sams Savage Shanahan Smith, V. B. Sweat Thompson Townsend Waddle Wall Ware Wheeler, J. A. Whitmire Wood Those voting in the negative were Messrs. Adams, G. D. Adams, John Alexander, W. H. Alien Atherton Bailey Blackshear Bohannon Brown, C. Carlisle Carr Carrell Clark Davis, W. Dean, N. Duke Ellis Farrar Floyd, L. R., Foster Fraser Gignilliat Grahl Harden Harrington Harris, J. R. Hatcher Hays Howard Howell Johnson Jones Karrh Keyton King Knight Kreeger Lane, W. J. Larsen, G. K. Lee Levitas Lewis Logan Lowrey Mauldin McCracken McDaniell McDonald Milford Mulherin Mullinax Nessmith Nix Odom Oxford Patten Patterson THURSDAY, JANUARY 24, 1974 487 Phillips, G. S. Ritchie Roach Rogers Rush Russell, J. Russell, W. B. Snow Stephens Strickland Thomason Toles Triplett Turner Twiggs Walker Williams Willis Wilson, J. M. Wilson, M. L. Those not voting were Messrs.: Adams, Marvin Alexander, W. M. Beckham Bennett Berlin Bond Bostick Brown, B. D. Brown, S. P. Burruss Busbee Castleberry Chance Cole Coleman Collins, M. Colwell Coney Connell Dean, Gib Dean, J. E. Dent Dickey Dollar Dorminy Evans Ezzard Geisinger Grantham Groover Harrison Hawes Hill, B. L. Horton Irvin, J. Jordan Larsen, W. W. Mason Matthews, C. Matthews, D. R. McKinney Northcutt Peters Phillips, L. L. Pinkston Rainey Reaves Shepherd Smith, J. R. , Tucker Vaughn Wamble Wheeler, Bobby Mr. Speaker On the passage of the Bill, as amended, the ayes were 49, nays 77. The Bill, as amended, having failed to receive the requisite constitutional majority, was lost. Mr. Davis of the 85th 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 1099, as amended. HB 1100. By Mr. Davis of the 85th: A Bill to be entitled an Act to amend Section 92-3113 of the Code of Georgia of 1933, so as to provide for the clarification of the Three Factor Ratio so that the payroll factor conforms to the Uniform Division of Income for Tax Purposes Act and the Multistate Tax Compact; and for other purposes. 488 JOURNAL OF THE HOUSE, The following Committee amendment was read and adopted: The Committee on Ways and Means moves to amend HB 1100 as follows: By deleting from the last line of Section 2 "1973" and inserting in lieu thereof "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. Atherton Bailey Beckham Berry Blackshear Bond Bostick Brantley, H. H. Bray Brown, C. Buck Burton Busbee Carlisle Carr Carrell Clark Cole Coleman Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Edwards Egan Elliott Ellis Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grahl Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin,R. Irwin, J. R. Jessup Johnson Jordan Karrh Keyton King Knight Lane, Dick Lane, W. J. Larsen, W. W. Lee Levitas Lewis Logan Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. THURSDAY, JANUARY 24, 1974 489 Snow Stephens Strickland Sweat Thompson Townsend Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Bennett Bohannon Coiling, S. Colwell Howard Kreeger McDaniell Wilson, J. M. Those not voting were Messrs.: Adams, John Alien Berlin Brantley, H. L. Brown, B. D. Brown, S. P. Burruss Castleberry Chance Collins, M. Coney Dean, Gib Dickey Dollar Dorminy Duke Evans Ezzard Foster Grantham Greer Groover Harrington Hawes Jones Lambert Larsen, G. K. Lowrey McDonald Odom Peters Pinkston Rainey Reaves Thomason Toles Triplett Vaughn Wheeler, J. A. Mr. Speaker On the passage of the Bill, as amended, the ayes were 132, nays 8. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1306. By Mr. Wheeler of the 13th: A Bill to be entitled an Act to amend an Act prohibiting the distribution, sale or delivery of prescription eyeglasses or sun-glasses unless said eyeglasses or sun-glasses are fitted with heat-treated glass lenses, plastic lenses or laminated lenses, so as to delete the provision prohibiting the distribution, sale or delivery of prescription eyeglasses or sunglasses unless such eyeglasses or sun-glasses are fitted with lenses which meet certain requirements; and for other purposes. 490 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 Beckham Bennett Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burton Busbee Carlisle Carr Clark Cole Coleman Collins, M. Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Duke Edwards Egan Ellis Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, B. L. Hill, G. Horton, G. T. Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee 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. Patten, R. L. Patterson Petro Phillips, G. S. Phillips, L. L. Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble THURSDAY, JANUARY 24, 1974 491 Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood Those not voting were Messrs.: Berlin Bond Brown, S. P. Buck Burruss Carrell Castleberry Chance Coney Dickey Dollar Dorminy Elliott Evans Ezzard Harrington Hawes Horton, W. L. Howard Irvin,R. Lambert Larsen, W. W. Levitas Noble Pearce Peters Pinkston Rainey Reaves Thomason Thompson Wilson, M. L. Mr. Speaker On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1346. By Messrs. Alien of the 108th, Ellis of the 107th, Jones of the 109th and others: A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, so as to change the provisions relative to additional license fees for commercial fishing boats of aliens and nonresidents; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. : Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berry Blackhear Bohannon Bond Bostick 492 Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burton Busbee Carlisle Carr Chance Cole Coleman Collins, M. Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Edwards Egan Elliott Ellis Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harris, J. F. Harrison Hatcher JOURNAL OF THE HOUSE, Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin,R. Irwin, J. R. Jessup Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Lewis Logan Lowrey Marcus Mason Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Atherton Berlin Brown, S. P. Burruss Carrell Castleberry Clark Coney Daugherty Dean, Gib Dickey Dollar Evans Harrington Harris, J. R. Hawes Horton Levitas Matthews, C. THURSDAY, JANUARY 24, 1974 493 Matthews, D. R. McKinney Pinkston Reaves Russell, W. B. Waddle Wamble Mr. Speaker On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional mapority, was passed. HB 1104. By Mr. Cole of the 6th: A Bill to be entitled an Act to amend the Georgia Retailers; and Consumers' Sales and Use Tax Act, so as to require dealers found to be delinquent or otherwise in default under the Act to furnish a good and valid bond in a surety company, and for other purposes. The following Committee amendment was read and adopted: The Committee on Ways and Means moves to amend HB 1104 by striking the first paragraph of the proposed sub-section (g) in Section 1, and inserting in lieu thereof a new sub-section (g) to read as follows: "(g) The Commissioner may require any dealer who, after notice and the opportunity for a hearing, the Commissioner finds to have been chronically delinquent or chronically in default under this Act, to execute and file with the State Revenue Commissioner a good and valid bond in a surety company authorized to do business in this State, or legal securities, in an amount not less than $1,000, or more than $10,000, as determined by the Commissioner and in such manner as the Commissioner deems proper." And by striking "1973" in Section 2 and inserting "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, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Berlin Berry Blackshear Bond 494 Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Burton Busbee Carlisle Carr Castleberry Clark Cole Collins, M. Collins, S. Connell Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dickey Dixon Duke Edwards Egan Ellis Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hatcher Hawes JOURNAL OF THE HOUSE, Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin,R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Kreeger Lambert Lane, W. J. Larsen, G. K. Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, W. B. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Toles Triplett Tucker Turner Vaughn Waddle Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs. Beckham Bennett Bohannon Harris, J. F. Karrh Lee Those not voting were Messrs.: Alexander, W. M. Brown, B. D. Brown, S. P. Burruss Russell, J. Thompson Walker Carrell Chance Coleman Colwell Coney Davis, W. Dean, J. E. Dollar Dorminy Elliott THURSDAY, JANUARY 24, 1974 495 Evans Ezzard Farrar Ployd, J. H. Irvin, J. Knight Lane, Dick Larsen, W. W. Levitas Logan Reaves Smith, J. R. Thomason Townsend Twiggs Mr. Speaker On the passage of the Bill, as amended, the ayes were 141, nays 9. The Bill, having received the requisite constitutional majority, was passed, as amended. The Speaker assumed the Chair. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 1356. By Mr. Hudson of the 115th: A Bill to be entitled an Act to amend an Act regulating the practice of professional sanitarians, so as to authorize an applicant for a license to take the examination prior to completion of the experience requirement; and for other purposes. The following amendment was read and adopted: Mr. Hudson of the 115th moves to amend HB 1356 by adding in line 4 after university "who will graduate". 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 93, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. 496 JOURNAL OP THE HOUSE, HB 1107. By Mr. Cole of the 6th : A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to provide that a claim for refund shall constitute a waiver of the period of limitations for the taxable months for which the claim is filed; 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 "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to provide that a claim for refund shall constitute a waiver of the period of limitations for the taxable months for which the claim is filed; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by adding at the end of Section 26 a new subsection, to be designated subsection (c) of Section 26, to read as follows: "(c) A claim for refund shall constitute a waiver of the period of limitations provided in subsection (a) with respect to the taxable periods for which the claim is filed. An assessment or proceeding for collection without assessment for such taxable periods with respect to which the period of limitations otherwise has expired at the time the claim is filed or would otherwise expire during the pendency of such claim shall be made or begun within six months following the date the claim is filed, or be forever barred." Section 2. Nothing contained in this Act shall be construed to apply to taxable periods with respect to which the period of limitations has expired prior to the effective date of this Act. 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 previous question was ordered. THURSDAY, JANUARY 24, 1974 497 Mr. Groover of the 75th moved that the House reconsider its action in ordering the previous question on HB 1107. On the motion to reconsider, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Chance Cole Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Parrar Floyd, L. R. Poster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee Levitas Lewis Lowrey Marcus Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Ross Russell, J. Russell, W. B. Sams Savage Shanahan Smith, V. B. Snow Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn 498 Waddle Walker Wall JOURNAL OF THE HOUSE, Wamble Wheeler, Bobby Willis Wilson, J. M. Wilson, M. L. Those voting in the negative were Messrs.: Adams, John Blackshear Castleberry Coleman Dean, N. Grahl Jessup Lane, W. J. Larsen, W. W. Mason Nessmith Rush Smith, J. R. Stephens Whitmire Williams Wood Those not voting were Messrs.: Alexander, W. M. Bostick Brantley, H. L. Burruss Carr Carrell Clark Colwell Dollar Ezzard Floyd, J. H. Harris, J. F. Logan Matthews, C. McKinney Roach Shepherd Ware Wheeler, J. A. Mr. Speaker On the motion to reconsider, the ayes were 143, nays 17. The motion prevailed and the House reconsidered its action in ordering the previous question on HB 1107. Mr. Groover of the 75th moved that further consideration of HB 1107 be postponed until tomorrow, January 25, 1974, immediately after the period of unanimous consents. The motion prevailed. HB 1303. By Mr. Levitas of the 50th : A Bill to be entitled an Act to amend an Act known as "The Municipal Home Rule Act of 1965", so as to change the provisions relative to fixing the compensation of members of the governing authorities of municipalities; and for other purposes. The following Committee amendment was read and adopted: The Committee on State Planning and Community Affairs moves THURSDAY, JANUARY 24, 1974 499 to amend HB 1303 by inserting on page 1, line 4, between "of" and "members" the word "elective". Also, it is further amended by inserting on page 1, line 26 between "the" and "members" the word "elective". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien 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 Cole Coleman Collins, M. Collins, S. Colwell Connell Daugherty Davis, E. T, Davis, W. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin,R. Irwin, J. R. Jessup Johnson Jordan Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patterson Pearce 500 Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W. B. Sams Shanahan JOURNAL OP THE HOUSE, Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Carrell Clark Coney Dean, Gib Dean, J. E. Dollar Ezzard Ployd, J. H. Horton, W. L. Jones Logan McDonald McKinney Noble Patten, R. L. Petro Roach Savage Shepherd Smith, J. R. Ware Mr. Speaker 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. Due to mechanical malfunction, the vote of Mr. Atherton of the 19th was not recorded on the passage of HB 1303, as amended. HB 1411. By Messrs. Levitas of the 50th and Atherton of the 19th: A Bill to be entitled an Act to require certain counties and municipalities of this State to file certain reports with the State Office of Planning and Budget; to provide the procedures connected therewith; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: THURSDAY, JANUARY 24, 1974 501 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 Berry Blackshear Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Castleberry Chance Cole Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Rush Russell, W. B. Sams Savage Smith, J. R. Smith, V. B. Snow Strickland Sweat Thomason Thompson Toles Townsend Triplet! Turner Vaughn Waddle Walker Wall Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood 502 JOURNAL OF THE HOUSE, Those voting1 in the negative were Messrs.: Berlin Brantley, H. H. Coleman Colwell Dean, N. Harden Ross Russell, J. Shanahan Stephens Tucker Those not voting were Messrs.: Bohannon Carrell Clark Collins, M. Dean, J. E. Dollar Ezzard Floyd, J. H. Horton, W. L. Irwin Larsen, W. W. Logan McKinney Miles Nix Pinkston Shepherd Twiggs Wamble Mr. Speaker On the passage of the Bill, the ayes were 149, nays 11. The Bill, having received the requisite constitutional majority, was passed. HB 1245. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to amend an Act known as the 'Georgia Firearms and Weapons Act', so as to change the definition of the term 'sawed-off shotgun'; and for other purposes. The following amendment was read and adopted: Mr. Lane of the 40th moves to amend HB 1245 by striking from line 20 "an overall length of 15 inches or less" and by inserting in lieu thereof: "a barrell less than 18 inches in length." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows : Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, J. Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey THURSDAY, JANUARY 24, 1974 503 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. Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Duke Edwards Egan Elliott Evans Parrar Ployd, J. H. Ployd, L. R. Poster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Keyton King- Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Levitas Lewis Lowrey Marcus Matthews, C. Matthews, D. R. McDaniell McDonald McKinney Miles Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Rainey Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood Voting in the negative was Mr. Milford. 504 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Carrell Coney Dollar Dorminy Ellis Ezzard Gignilliat Harrington Larsen, W. W. Lee Logan Mason Mauldin McCraeken Odom Phillips, G. S. Pinkston Reaves Wamble Wilson, M. L. Mr. Speaker On the passage of the bill, as amended, the ayes were 158, nays 1. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 330. By Senator Lester of the 23rd : A Bill to govern the treatment of alcoholism and intoxication; to confer necessary powers in the Department of Human Resources to plan, establish, and maintain programs and facilities for treatment of alcoholism and intoxication; to repeal code Section 58-608, which defines the crime of drunkenness in public places; and for other purposes. The following communications were sent from the office of the Clerk of the House to the Honorable Ben W. Fortson, Jr., Secretary of State in regards to the vetoes of the Governor of various House Bills passed by the House and Senate during the 1973 Session of the General Assembly, which vetoes have been overridden during the first ten days of the 1974 Session of the General Assembly: HOUSE OF REPRESENTATIVES Atlanta, Georgia January 23, 1974 Honorable Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia RE: House Bill 577 Dear Mr. Fortson : On April 18, 1973, Governor Carter vetoed House Bill 577. On January 22, 1974, the House by vote of 129 to 26 overrode the Governor's veto, and on January 23, 1974, by a vote of 41 to 12 the Senate overrode the Governor's veto. THURSDAY, JANUARY 24, 1974 505 It is my opinion that this bill by such House and Senate action has now become law and should be transmitted directly to you rather than being routed through the Governor's office. Accordingly the same is attached hereto for your further handling. With kindest regards, I am Cordially yours, /s/ Glenn W. Ellard, Clerk House of Representatives Enc. cc: Governor Jimmy Carter Honorable Thomas B. Murphy, Speaker of House Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank Edwards, Legislative Counsel Receipt of the above bill is hereby acknowledged this 24th day of January, 1974. /s/ Ben W. Portson, Jr. Secretary of State HOUSE OF REPRESENTATIVES Atlanta, Georgia January 23, 1974 Honorable Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia RE: House Bill 1059 Dear Mr. Fortson: On April 18, 1973, Governor Carter vetoed House Bill 1059. On January 23, 1974, the House by vote of 139 to 6 overrode the Governor's veto, and on January 23, 1974, by a vote of 44 to 10 the Senate overrode the Governor's veto. It is my opinion that this bill by such House and Senate action has now become law and should be transmitted directly to you rather than being routed through the Governor's office. Accordingly the same is attached hereto for your further handling. With kindest regards, I am Cordially yours, /s/ Glenn W. Ellard, Clerk House of Representatives 506 JOURNAL OP THE HOUSE, Enc. cc: Governor Jimmy Cartel- Honorable Thomas B. Murphy, Speaker of House Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank Edwards, Legislative Counsel Receipt of the above bill is hereby acknowledged this 24th day of January, 1974. ,/s/ Ben W. Fortson, Jr. Secretary of State HOUSE OF REPRESENTATIVES Atlanta, Georgia January 23, 1974 Honorable Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia RE: House Bill 1071 Dear Mr. Fortson: On April 18, 1973, Governor Carter vetoed House Bill 1071. On January 23, 1974, the House by vote of 138 to 7 overrode the Governor's veto, and on January 23, 1974, by a vote of 43 to 10 the Senate overrode the Governor's veto. It is iY! opinion that this bill by such House and Senate action has now become law and should be transmitted directly to you rather than being routed through the Governor's office. Accordingly the same is attached hereto for your further handling. With kindest regards, I am Cordially yours, I si Glenn W. Ellard, Clerk House of Representatives Enc. cc: Governor Jimmy Cartel- Honorable Thomas B. Murphy, Speaker of House Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank Edwards, Legislative Counsel Receipt of the above bill is hereby acknowledged this 24th day of January, 1974. Is! Ben W. Fortson, Jr. Secretary of State THURSDAY, JANUARY 24, 1974 507 HOUSE OP REPRESENTATIVES Atlanta, Georgia January 23, 1974 Honorable Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia RE: House Bill 1079 Dear Mr. Fortson: On April 18, 1973, Governor Carter vetoed House Bill 1079. On January 23, 1974, the House by vote of 130 to 16 overrode the Governor's veto, and on January 23, 1974, by a vote of 44 to 10 the Senate overrode the Governor's veto. It is my opinion that this bill by such House and Senate action has now become law and should be transmitted directly to you rather than being routed through the Governor's office. Accordingly the same is attached hereto for your further handling. With kindest regards, I am Cordially yours, Is/ Glenn W. Ellard, Clerk House of Representatives Enc. cc: Governor Jimmy Carter Honorable Thomas B. Murphy; Speaker of House Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable-Frank Edwards, Legislative Counsel Receipt of the above bill is hereby acknowledged this 24th day of January, 1974. ,/s/ Ben W. Fortson, Jr. Secretary of State HOUSE OF REPRESENTATIVES Atlanta, Georgia January 23, 1974 Honorable Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia RE: House Bill 1082 Dear Mr. Fortson: On April 18, 1973, Governor Carter vetoed House Bill 1082. On January 23, 1974, the House by vote of 135 to 6 overrode the Governor's veto, and on January 23, 1974, by a vote of 44 to 10 the Senate overrode the Governor's veto. It is my opinion that this bill by such House and Senate action has now become law and should be transmitted directly to you rather than being routed through the Governor's office. Accordingly the same is attached hereto for your further handling. Cordially yours, /s/ Glenn W. Ellard, Clerk House of Representatives 508 JOURNAL OP THE HOUSE, Enc. cc: Governor Jimmy Carter Honorable Thomas B. Murphy, Speaker of House Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank Edwards, Legislative Counsel Receipt of the above bill is hereby acknowledged this 24th day of January, 1974. /a/ Ben W. Fortson, Jr. Secretary of State HOUSE OF REPRESENTATIVES Atlanta, Georgia January 23, 1974 Honorable Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia RE : House Bill 1221 Dear Mr. Fortson: On April 18, 1973, Governor Carter vetoed House Bill 1221. On January 23, 1974, the House by vote of 127 to 13 overrode the Governor's veto, and on January 23, 1974, by a vote of 45 to 9 the Senate overrode the Governor's veto. It is my opinion that this bill by such House and Senate action has now become law and should be transmitted directly to you rather than being routed through the Governor's office. Accordingly the same is attached hereto for your further handling. With kindest regards, I am Cordially yours, Is/ Glenn W. Ellard, Clerk House of Representatives Enc. cc : Governor Jimmy Carter Honorable Thomas B. Murphy, Speaker of House Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank Edwards, Legislative Counsel Receipt of the above bill is hereby acknowledged this 24th day of January, 1974. /s/ Ben W. Fortson, Jr. Secretary of State 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 announced the House adjourned until 9:30 o'clock, tomorrow morning. FRIDAY, JANUARY 25, 1974 509 Representative Hall, Atlanta, Georgia Friday, January 25, 1974 The House met pursuant to adjournment at 9:30 o'clock A.M., this day and was called to order by the Speaker. Prayer was offered by the Reverend James Baird, Pastor, First Presbyterian Church, Macon, Georgia. By unanimous consent, the call of the roll was dispensed with. Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1561. By Messrs. McCracken and Lewis of the 77th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, so as to change the method of election of 510 JOURNAL OP THE HOUSE, councilmen to a post system and to require a majority vote to decide all elections to any office; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1562. By Messrs. Hill of the 110th, Ellis of the 107th, Blackshear of the 106th, Gignilliat of the 105th, Alien of the 108th, Jones of the 109th, Chance of the 112th and Triplett of the lllth: A Bill to be entitled an Act to amend Code Section 24A-201, relating to the creation of juvenile courts in certain counties, so as to provide for the creation of a juvenile court in Chatham County; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1563. By Messrs. Hays of the 1st, Peters of the 2nd, Colwell of the 4th, Snow of the 1st, Rush of the 104th, Adams of the 14th, Twiggs of the 4th, Toles of the 16th, Nix of the 20th, and others: A Bill to be entitled an Act to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, so as to provide for an annual license plate for motor vehicles; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1564. By Mr. Larsen of the 27th: A Bill to be entitled an Act to amend Code Chapter 32-4, relating to the State Board of Education, so as to require certain eye protection devices to be worn in certain vocational and chemical laboratory courses; and for other purposes. Referred to the Committee on Education. HB 1565. By Messrs. Savage of the 30th, Egan of the 25th, Irvin of the 23rd, Floyd of the 56th, Davis of the 56th, Larsen of the 27th and Alexander of the 39th: A Bill to be entitled an Act to create the Joint Legislative Committee on Performance Evaluation and Expenditure Review; to define certain terms; to provide for the composition of the committee and the terms of its members; and for other purposes. Referred to the Committee on Rules. HB 1566. By Messrs. Atherton of the 19th, Reaves of the 124th and Kreeger of the 21st: A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, which has been codified as Code Chapter 92-29, so as to change FRIDAY, JANUARY 25, 1974 511 the license tag fees for passenger cars, motorcycles and certain trailers; and for other purposes. Referred to the Committee on Motor Vehicles. Mr. Atherton of the 19th moved that HB 1566 be engrossed. Mr. Hudson of the 115th objected to the motion. On the motion to engross HB 1566, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, John Atherton Berry Brantley, H. H. Buck Burruss Carr Carrell Castleberry Clark Cole Coleman Coiling, S. Coney Davis, E. T. Davis, W. Dickey Duke Egan Elliott Evans Geisinger Gignilliat Harrington Harris, J. F. Harris, J. R. Hatcher Howell Irvin, J. Irwin, R. Jessup Jordan Knight Kreeger Lambert Levitas Lowrey Mauldin McDonald Mullinax Those voting in the negative were Messrs. Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Beckham Bennett Bohannon Brown, C. Burton Carlisle Collins, M. Connell Dean, J. E. Dixon Floyd, L. R. Foster Grantham Harden Hays Horton, G. T. Nix Oxford Patten, G. C. Patten, R. L. Pearce Peters Phillips, L. L. Pinkston Reaves Ross Rush Russell, W. B. Savage Shanahan Toles Vaughn Wall Wamble Ware Wilson, M. L. Hudson Hutchinson Irwin, J. R. Keyton King Lane, Dick Lane, W. J. Larsen, W. W. Lewis Milford 512 Nessmith Patterson Roach Snow JOURNAL OF THE HOUSE, Stephens Sweat Thompson Waddle Walker Williams Willis Those not voting were Messrs.: Adams, J. H. Alien Bailey Berlin Blackshear Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, S. P. Busbee Chance Colwell Daugherty Dean, Gib Dean, N. Dent Dollar Dorminy Edwards Ellis Ezzard Farrar Floyd, J. H. Fraser Grahl Greer Groover Hamilton Harrison Hawes Hill B. L. Hill, G. Horton, W. L. Howard Johnson Jones Karrh Larsen, G. K. Lee Logan Marcus Mason Matthews, C. Matthews, D. R. McCracken McDaniell McKinney Miles Morgan Moyer Mulherin Noble Northcutt Odom Petro Phillips, G. S. Rainey Ritchie Rogers Russell, J. Sams Shepherd Smith, J. R. Smith, V. B. Strickland Thomason Townsend Triplett Tucker Turner Twiggs Wheeler, Bobby Wheeler, J. A. Whitmire Wilson, J. M. Wood Mr. Speaker On the motion to engross HE 1566, the ayes were 60, nays 41. The motion, having failed to receive a two-thirds majority pursuant to the Rules of the House, was lost. Mr. Howell of the 118th stated that he had inadvertently voted "aye" but intended to vote "nay" or, the motion to engross HB 1566. HB 1567. By Mr. Rush of the 104th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as FRIDAY, JANUARY 25, 1974 513 to clarify provisions of the Act and other laws regarding Sunday closing; and for other purposes. Referred to the Committee on Temperance. HB 1568. By Mr. Rush of the 104th: A Bill to be entitled an Act to repeal an Act to provide that in all municipalities of this State having a population of 400,000 or more wherein the sale of alcoholic beverages, distilled spirits, malt beverages 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 Temperance. HB 1569. By Mr. Rush of the 104th: A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relationg to the State Board of Corrections and to prisoners, public works camps and prisons, so as to provide that it shall be unlawful for any warden, guard, corrections officer or other person to order, direct or request certain inmates to participate in or supervise their participation in the search for or recapture of certain escaped inmates; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1570. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend an Act creating a board of commissioners for Habersham County, so as to change the provisions relative to the compensation of the members of said board; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1571. By Messrs. Colwell of the 4th, Bennett of the 124th, Twiggs of the 4th, Sweat of the 125th, Rush of the 104th, Reaves of the 124th, Rogers of the 128th, Whitmire of the 9th, Brantley of the 92nd and Patten of the 124th: A Bill to be entitled an Act to amend an Act entitled the "Minimum Foundation Program of Education Act", so as to provide that the minimum foundation program of education offered to "isolated schools" shall meet at least the minimum requirements and standards provided by the State Board of Education for public schools; and for other purposes. Referred to the Committee on Education. 514 JOURNAL OF THE HOUSE, HB 1572. By Messrs. Berlin of the 89th, Snow of the 1st: A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to create a new Code Chapter 24-47, relating to the transfer of justices and judges by consent; to provide for the service of Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, judges of the State courts, judges of the juvenile courts and justices emeritus and judges emeritus of the various courts in other courts within this State upon request and with their consent; and for other purposes. Referred to the Committee on Judiciary. HB 1573. By Mesrs. Morgan of the 70th, Snow of the 1st, Bennett of the 124th, Karrh of the 91st, Groover of the 75th, Dean of the 60th, Lambert of the 97th, and King of the 85th: A Bill to be entitled an Act to amend Code Section 26-1302, relating to the crime of aggravated assault, so as to provide a penalty for the commission of the crime with the intent to commit certain other crimes; and for other purposes. Referred to the Committee on Judiciary. HB 1574. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act placing the Ordinary of Carroll County upon an annual salary so as to change the compensation of the Ordinary; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1575. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Carroll County, so as to change the compensation of the Tax Commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1576. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act establishing a new charter for the City of Carrollton . . .", by changing the term of office of the Mayor and four councilmen to four years; the creation of four separate posts for the office of Councilmen and the requirement that each person offering for election as Councilman of the City of Carrollton shall designate the post that he or she seeks to fill; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. FRIDAY, JANUARY 25, 1974 515 HB 1577. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to extend the corporate city limits of the City of Carrollton so as to include the property, encompassed by the Industrial Park of Carrollton Payroll Development Authority situated in Land Lots 189 and 190 of the 10th District of Carroll County, which said Industrial Park is more particularly shown on a plat which appears in Plat Book 8, page 18, of Carroll County, Public Records; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1578. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Carroll County upon an annual salary, so as to change the compensation of the Sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1579. By Messrs. Bohannon and Patterson of the 64th: A Bill eo be entitled an Act to provide for a board of elections in certain counties population not less than 45,000 and not more than 50,000; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1580. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Carroll County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1581. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. 516 JOURNAL OF THE HOUSE, HB 1582. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Carroll County, so as to change the compensation and allowances to the Commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1583. By Mr. Davis of the 85th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revocation of motor vehicle driver licenses, so as to increase the minimum age required of applicants for certain licenses; to provide for certain exceptions for those applicants who have completed certain courses given in driver education; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1584. By Messrs. Ware of the 65th, Gignilliat of the 105th, Wall of the 61st, Hays of the 1st, Collins of the 45th, Dean of the 17th, Pearce of the 87th, Berry of the 86th, Russell of the 62nd, Russell of the 53rd, Wood of the 9th and others: A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Authority, so as to authorize the Authority to establish and administer a program of student incentive scholarships; to provide for veterans priority in the incentive scholarship program; and for other purposes. Referred to the Committee on University System of Georgia. HB 1585. By Messrs. Miles of the 79th, Mulherin of the 81st, Dean of the 78th and Connell of the 80th: A Bill to be entitled an Act to authorize the collection and payment of certain taxes on tangible property, other than motor vehicles, in certain counties and municipalities, in installments; and for other.purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1586. By Mr. Pearce of the 87th: A Bill to be entitled an Act to amend an Act known as the "Georgia Private Detective and Private Security Agencies Act", so as to provide that the provisions of this Act shall not apply to certain financial institutions or their employees; and for other purposes. Referred to the Committee on Industry. FRIDAY, JANUARY 25, 1974 517 HB 1587. By Messrs. Smith of the 42nd, Milford of the 13th, Adams of the 36th and Brown of the 89th: A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to eliminate the requirement that the deposit required under this Act shall not be less than the amount of damages claimed; to provide that no deposit shall be required in the case of a discharge in bankruptcy; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1588. By Messrs. Smith of the 42nd, Milford of the 13th, Adams of the 36th and Brown of the 89th: A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to delineate the matters which may be considered by the superior court or an appeal from a decision rendered by the Commissioner; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1589. By Mr. Townsend of the 24th: A Bill to be entitled an Act relating to unlawful discrimination practices; to provide for a declaration of policy; and for other purposes. Referred to the Committee on Industry. HB 1590. By Mr. Greer of the 43rd: A Bill to be entitled an Act to authorize the State or any county, municipality or other political subdivision to defer an employee's compensation; to authorize the State or any county, municipality or other political subdivision to use such deferred compensation to provide a tax deferred compensation plan for such employee; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1591. By Messrs. Connell of the 80th and Floyd of the 5th: A Bill to be entitled an Act to amend an Act known as the "Georgia State Financing and Investment Commission Act", so as to provide for reimbursement to the Commission for certain services; to authorize the use of investment income for the payment of operating expenses of the Commission; and for other purposes. Referred to the Committee on Rules. 518 JOURNAL OF THE HOUSE, HB 1592. By Messrs. McDonald of the 12th, Coleman of the 102nd and Burton of the 47th: A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Georgia Firemen's Pension Fund, so as to provide that the assets of said Board of Trustees, whether in the form of cash, securities, or real property, shall be deemed to be public property and exempt from any and all taxation whether imposed by the State or by any county, municipality or other political subdivision of the State; and for other purposes. Referred to the Committee on Retirement. HB 1593. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, Pearce of the 87th, Gignilliat of the 105th, Hill of the 110th, Evans of the 89th and Connell of the 80th: A Bill to be entitled an Act to provide that any county or municipal corporation presently or hereafter operating a public golf course and offering for retail sale food or drink as an incident thereto, may, in its discretion, also sell at retail as an incident to the operation of such golf course, malt beverages by the drink, or may refuse to sell malt beverages; and for other purposes. Referred to the Committee on Temperance. By unanimous consent, HB 1593 was ordered engrossed. HB 1594. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize the State Board of Education to change certain definitions relative to the school year and school month under certain emergency conditions; and for other purposes. Referred to the Committee on Education. HB 1595. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to amend Code Section 32-1005, relating to bonds of county school superintendents, so as to make said Code Section applicable to both county and independent school superintendents; and for other purposes. Referred to the Committee on Education. HB 1596. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to amend an Act requiring the State Revenue Commissioner to examine the tax digests of the several counties for FRIDAY, JANUARY 25, 1974 519 the purpose of ascertaining whether the violation of the various classes of property in the respective counties is uniform, so as to provide for adjustment of millage rate by boards of education; and for other purposes. Referred to the Committee on Ways and Means. HB 1597. By Mr. Busbee of the 114th: A Bill to be entitled an Act to amend the Natural Resources Act of 1973, so as to authorize the State of Georgia to make grants, as funds are available; to authorize the State of Georgia to enter into leases of real and personal property under certain circumstances; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1598. By Mr. Busbee of the 114th: A Bill to be entitled an Act to amend an Act limiting certain appearances and practices before the State Board of Pardons and Paroles to licensed attorneys, so as to prohibit any member of the legislative branch of government or any employee thereof from appearing or practicing before the State Board of Pardons and Paroles; and for other purposes. Referred to the Committee on State of Republic. HB 1599. By Messrs. Russell of the 53rd, Ware of the 65th, Bostick of the 123rd and Snow of the 1st: A Bill to be entitled an Act to authorize qualified attorneys who are on active military duty in this State and who are not otherwise eligible to practice before the courts of the State under certain conditions; and for other purposes. Referred to the Committee on Judiciary. HB 1600. By Mr. Noble of the 48th: A Bill to be entitled an Act to amend Code Section 26-2802, relating to cruelty to animals, so as to prohibit the sale or distribution of baby chicks, other fowl, rabbits, turtles and other nondomestic animals and reptiles as pets or novelties; and for other purposes. Referred to the Committee on Agriculture. HB 1601. By Messrs. Wood of the 9th, Ware of the 65th and Lewis of the 77th: A Bill to be entitled an Act to amend an Act providing for additional points for certain applicants taking examinations given by any examining board or commission whose records are maintained by the Joint- 520 JOURNAL OP THE HOUSE, Secretary, State Examining Boards, so as to provide for additional classes of applicants; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. HB 1602. By Messrs. Gignilliat of the 105th, Triplett of the lllth, Sweat of the 25th, Jones of the 109th, Alien of the 108th and Colwell of the 4th: A Bill to be entitled an Act to amend an Act known as the "Georgia Ports Authority Act", so as to remove the maximum rate of 5% per annum interest on the issuance of revenue bonds; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1603. By Messrs. Smith of the 74th, Smith of the 42nd and Adams of the 36th: A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide that a replacement certificate of title, rather than a duplicate certificate of title, will be issued when the original has been lost, stolen, mutilated, or destroyed, or becomes illegible; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1604. By Messrs. Smith of the 74th, Smith of the 42nd and Adams of the 36th: A Bill to be entitled an Act to amend the "Motor Vehicle Certificate of Title Act", so as to eliminate the necessity of furnishing a non-negotiable copy of a certificate of title; and for other purposes. Referred to the Committee on Motor Vehicles. HR 521-1604. By Mr. Townsend of the 24th: A Resolution compensating Aetna Life and Casualty Company; and for other purposes. Referred to the Committee on Appropriations. HR 522-1604. By Messrs. Roach, Harris and Thomason of the 8th: A Resolution designating a certain portion of Georgia Highway 140 as "Reinhardt Parkway"; and for other purposes. Referred to the Committee on Highways. HR 523-1604. By Messrs. Bohannon and Patterson of the 64th: A Resolution proposing an amendment to the Constitution so as to provide that the homestead of residents of the City of Bowdon who are 65 FRIDAY, JANUARY 25, 1974 521 years of age or over and have limited incomes shall be granted a homestead exemption of $6,000 from all ad valorem taxation by said city; and for other purposes. Referred to the Committee on Ways and Means. HR 524-1604. By Messrs. Bohannon and Patterson of the 64th: A Resolution proposing an amendment to the Constitution so as to provide that no pardon, commutation or remission of any sentence shall be granted by the State Board of Pardons and Paroles without the concurrence of the judge who imposed the original sentence or his successor's concurrence; and for other purposes. Referred to the Committee on Special Judiciary. HR 525-1604. By Messrs. Jones of the 109th and Alien of the 108th: A Resolution proposing an amendment to the Constitution so as to provide that railroad retirement or disability benefits shall not be included in income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000; and for other purposes. Referred to the Committee on Ways and Means. HB 1605. By Mr. Irvin of the 23rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Roswell, so as to change the corporate limits of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1606. By Messrs. Murphy of the 18th, Burruss of the 21st, Floyd of the 5th, Lane of the 76th, Busbee of the 114th, Adams of the 14th, Phillips of the 103rd, Atherton of the 19th and Kreeger of the 21st: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of certain members of the Department of Public Safety; and for other purposes. Referred to the Committee on Rules. HB 1607. By Messrs. Johnson of the 68th, Bray of the 66th, Morgan of the 70th, Bailey of the 68th, Lee of the 68th, Knight of the 65th, Levitas of the 50th, Carlisle of the 67th, Oxford of the 101st, Larsen of the 27th, Hawes of the 43rd and others: A Bill to be entitled an Act to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to change the time within 522 JOURNAL OF THE HOUSE, which a hearing shall be conducted in the event a child is not in detention; and for other purposes. Referred to the Committee on Judiciary. HB 1608. By Mr. Evans of the 89th: A Bill to be entitled an Act to amend Code Chapter 88-31, relating to ambulance service, so as to change the length of the period for which provisional licenses may be issued; and for other purposes. Referred to the Committee on Health and Ecology. HB 1609. By Mr. Bennett of the 124th: A Bill to be entitled an Act to define and regulate the profession of court reporting; to require a certificate of proficiency for each court reporter practicing in the State of Georgia; to create a State Board of Court Reporting and define its powers; to prescribe examination, certification and regulation of such court reporters; to waive examination under specified conditions; and for other purposes. Referred to the Committee on Special Judiciary. HR 536-1609. By Mr. Evans of the 89th: A Resolution creating the Ambulance Service Study Committee; and for other purposes. Referred to the Committee on Health and Ecology. HB 1610. By Mr. Levitas of the 50th: A Bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to limit the amount of retail sales and use tax proceeds that may be used to subsidize operations of the transportation system; and for other purposes. Referred to the Committee on State Planning & Community Affairs. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1528. By Messrs. Snow of the 1st, Sams of the 83rd, Walker of the 100th and Groover of the 75th: A Bill to be entitled an Act to amend an Act providing that the State may appeal certain judgments, so as to provide that in the event a demand for trial has been filed such demand shall be held in abeyance until after a certain date; and for other purposes. FRIDAY, JANUARY 25, 1974 523 HB 1529. By Messrs. Snow of the 1st, Sams of the 83rd, Bray of the 66th, Tucker of the 69th, Morgan of the 70th, Russell of the 53rd and Walker of the 100th: A Bill to be entitled an Act to amend Code Chapter 26-16, relating to burglary and possession of tools for the commission of crime, so as to create and define the offense of unlawful entry of a vehicle, railroad car, aircraft or watercraft, and to provide the penalty for said offense; and for other purposes. HB 1530. By Messrs. Snow of the 1st, Sams of the 83rd, Walker of the 100th, Karrh of the 91st, Lambert of the 97th, Tucker of the 69th, Bray of the 66th and Morgan of the 70th: A Bill to be entitled an Act to amend Code Chapter 59-7, relating to traverse juries in general, so as to provide that all civil actions where the claim for damages is less than $3,000, exclusive of interest and costs, and all misdemeanor cases in the superior courts, shall be tried by a jury of six jurors; to provide for jury panels; and for other purposes. HB 1531. By Messrs. Snow of the 1st, Morgan of the 70th, Tucker of the 69th, Bray of the 66th, Karrh of the 91st and Sams of the 83rd: A Bill to be entitled an Act to amend Code Section 27-2510, relating to concurrent or consecutive sentences, so as to provide that in all cases, whether tried by a judge or jury, in which the sentence has been imposed, the trial judge, and not the jury, shall determine and order whether the sentence or sentences shall be served concurrently or consecutively; and for other purposes. HB 1532. By Messrs. Snow of the 1st, Sams of the 83rd, Walker of the 100th, Karrh of the 91st, Groover of the 75th and Tucker of the 69th: A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing procedure for a review of assessments made by county boards of tax assessors, so as to provide that alternate members of the board of equalization, in the order in which selected, shall serve in any appeal at a regularly scheduled or called meeting in the absence of a member; and for other purposes. HB 1533. By Messrs. Snow of the 1st, Sams of the 83rd and Groover of the 75th: A Bill to be entitled an Act to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities, so as to provide that it shall be unlawful to possess a pistol or revolver without a license; to provide that it shall be unlawful to sell a pistol or revolver to, or in any manner cause a pistol or revolver to enter the possession of, another who is not the holder of a license; and for other purposes. 524 JOURNAL OF THE HOUSE, HB 1534. By Messrs. Phillips of the 103rd, Dorminy of the 115th, Lewis of the 77th, Pinkston, Coney, Berlin, Brown and Evans of the 89th and Greer of the 43rd: A Bill to be entitled an Act to amend an Act creating the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to participate in certain federally-funded fire protection assistance programs; and for other purposes. HB 1535. By Messrs. Phillips of the 103rd, Dorminy of the 115th, Russell of the 62nd, Lewis of the 77th, Mauldin, Milford and Wheeler of the 13th, Matthews of the 62nd, Logan of the 62nd and McDonald of the 12th: A Bill to be entitled an Act to amend an Act creating the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to enter upon forestlands for the purpose of determining if an infestation or infection exists in the trees; and for other purposes. HB 1536. By Mr. Larsen of the 102nd: A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to authorize a medical examiner or his designee to obtain a blood sample from any person admitted to a hospital or morgue whenever any such person is unable to give his consent to the taking of a sample of blood for analytical purposes; and for other purposes. HB 1537. By Mr. Larsen of the 102nd: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the qualifications of medical or laboratory technicians or aides who withdraw blood from patients for the purpose of determining the alcoholic content therein; and for other purposes. HB 1538. By Messrs. Grantham and Wheeler of the 127th: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. HB 1539. By Messrs. Wheeler and Grantham of the 127th: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, so as to change the compensation provisions relating to the tax commissioner; and for other purposes. FRIDAY, JANUARY 25, 1974 525 HB 1540. By Mr. Lane of the 76th: 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 reimburse the Director of the State Crime Laboratory for use of his private aircraft on official business; and for other purposes. HB 1541. By Messrs. Brown of the 67th and Horton of the 43rd: A Bill to be entitled an Act to prohibit the taking of negotiable instruments in connection with consumer credit sales or consumer leases; and for other purposes. HB 1542. By Messrs. Mulherin of the 81st, Brantley of the 22nd and Alexander of the 39th: A Bill to be entitled an Act to amend the Georgia Peace Officer Standards and Training Act, so as to change certain definitions; to change the number of members of the Council required to constitute a quorum; and for other purposes. HB 1543. By Messrs. Mulherin of the 81st, Brantley of the 22nd and Alexander of the 39th: A Bill to be entitled an Act to amend the Georgia Peace Officer Standards and Training Act, so as to change the composition of the Georgia Peace Officer Standards and Training Council; and for other purposes. HB 1544. By Messrs. Mulherin of the 81st, Brantley of the 22nd and Alexander of the 39th: A Bill to be entitled an Act to amend the Georgia Peace Officer Standards and Training Act, so as to provide for additional minimum peace officer basic training standards; and for other purposes. HB 1545. By Messrs. Mulherin of the 81st, Brantley of the 22nd and Alexander of the 39th: A Bill to be entitled an Act to amend the Georgia Peace Officer Standards and Training Act, so as to provide for State grants to local law enforcement units; and for other purposes. HB 1546. By Messrs. Chance of the 112th, Patten of the 123rd, Matthews of the 122nd, Nessmith of the 76th, Collins of the 122nd and Grantham of the 127th: A Bill to be entitled an Act to require the governing authority in each county to prepare and transmit certain informative materials concerning land zoned or used for agricultural purposes, forestry purposes or other 526 JOURNAL OP THE HOUSE, similar or related purposes, to the Secretary of the Senate and the Clerk of the House of Representatives; and for other purposes. HB 1547. 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 authorize employees of the Georgia Federal-State Shipping Point Inspection Service to become members of the Employees' Retirement System of Georgia; to declare said Georgia Federal-State Shipping Point Inspection Service an adjunct of the Georgia Department of Agriculture; and for other purposes. HB 1548. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, Adams of the 84th, Pearce of the 87th and King of the 85th: A Bill to be entitled an Act to amend the charter of Columbus, Georgia, so as to provide that a councilman or mayor resigning his position as such councilman or mayor prior to qualifying for elective office may be eligible to serve in such new elective office; and for other purposes. HB 1549. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, Adams of the 84th, Pearce of the 87th, Davis of the 85th and King of the 85th: A Bill to be entitled an Act to amend an Act creating the Medical Center Board of Commissioners, so as to increase the board membership of the Medical Center Board of Commissioners to 15 persons; and for other purposes. HB 1550. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, Adams of the 84th, Pearce of the 87th, Davis of the 85th and King of the 85th: A Bill to be entitled an Act to amend the Charter of Columbus, Georgia, so as to provide that contractual claims against Columbus must be presented within 12 months after they accrue; and for other purposes. HB 1551. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, Adams of the 84th, Pearce of the 87th, Davis and King of the 85th: A Bill to be entitled an Act to amend the charter of Columbus, Georgia, so as to establish the date of the council following an election and the term of office of the mayor pro tern; and for other purposes. HB 1552. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, Adams of the 84th, Pearce of the 87th and King of the 85th: A Bill to be entitled an Act to amend the charter of Columbus, Georgia, so as to make ordinances, the violation of which are criminal in nature, effective 10 days after they have been signed by the mayor and returned by the clerk; and for other purposes. FRIDAY, JANUARY 25, 1974 527 HB 1553. By Messrs. Oxford of the 101st, Murphy of the 18th and Edwards of the 95th: A Bill to be entitled an Act to amend an Act creating the Georgia State Board of Funeral Service and regulating the practice of embalming and funeral directing, so as to change the provisions relative to the definition of funeral director; to change the provisions relative to the causes for which licenses may be refused issuance, suspended, denied renewal or revoked; and for other purposes. HB 1554. By Mr. Collins of the 122nd: A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide that marketing orders issued pursuant to said Act may provide for the establishment and management of a stabilization fund to compensate producers of peanuts which fail to qualify for marketing or sale in regular marketing channels; and for other purposes. HB 1555. By Messrs. Morgan of the 70th, Tucker of the 69th, Snow of the 1st, Lambert of the 97th, Levitas of the 50th, Bray of the 66th, McCracken of the 77th, Evans of the 89th, Fraser of the 117th and Hawes of the 43rd: A Bill to be entitled an Act to create the Prosecuting Attorneys' Council of the State of Georgia; to provide for the membership of the council, their qualifications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities; and for other purposes. HB 1556. By Messrs. Petro of the 46th and Bostick of the 123rd: A Bill to be entitled an Act to provide for the regulation of private employment agencies; and for other purposes. HR 515-1556. By Messrs. Coney, Brown, Berlin, Dickey, Pinkston and Evans of the 89th: A Resolution proposing an amendment to the Constitution so as to provide that railroad retirement or disability benefits shall not be included in income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000; and for other purposes. HR 516-1556. By Messrs. Knight, Mullinax and Ware of the 65th: A Resolution proposing an amendment to the Constitution so as to designate the Board of Water, Sewerage and Light Commissioners of the City of Newnan as the sole operational governing authority for the utility systems of the City of Newnan; and for other purposes. 528 JOURNAL OF THE HOUSE, HR 517-1556. By Messrs. McDonald of the 12th, Colwell of the 4th, Logan of the 62nd, Larsen, Coleman and Jessup of the 102nd, Wilson of the 94th, Ritchie of the llth, Bray of the 66th, Matthews of the 62nd, Castleberry of the 96th and Milford of the 13th: A Resolution designating U. S. Highway 441 as a Blue Star Memorial Highway; honoring Captain Leon Ellis, Jr.; and for other purposes. HR 518-1556. By Messrs. Matthews of the 62nd, Williams of the 9th, Murphy of the 18th, Busbee of the 114th, Edwards of the 95th, Connell of the 80th, Lambert of the 97th, Wood of the 9th, Wamble of the 120th, Egan of the 25th, Logan of the 62nd, McDonald of the 12th and others: A Resolution relative to the placing of a bust of Honorable Geo. L. Smith II in the State Capitol; and for other purposes. HB 1557. By Mr. Evans of the 89th: A Bill to be entitled an Act to amend an Act regulating billiard rooms, so as to provide that the terms "intoxicating liquors" and "liquors" shall not include malt beverages; and for other purposes. HB 1558. By Messrs. Dixon of the 126th, Hudson of the 115th, Wheeler and Grantham of the 127th, Sweat of the 125th and Dorminy of the 115th: A Bill to be entitled an Act to add one additional judge of the superior courts for the Waycross Judicial Circuit of Georgia; to provide for the appointment of the first additional judge by the Governor; to provide for the election of said additional judge and for the election of successors; to prescribe the powers of said judge; and for other purposes. HB 1559. By Messrs. McDonald of the 12th and Coleman of the 102nd: A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to change the composition of the Board of Trustees; and for other purposes. HB 1560. By Mr. Marcus of the 26th: A Bill to be entitled an Act to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for the issuance, reissuance, or renewal of any driver's license; to require a notation on the face or reverse of a driver's license as to whether the licensee has executed a gift of all or part of his body conditioned upon the death of the donor; and for other purposes. FRIDAY, JANUARY 25, 1974 529 SB 184. By Senators Lester of the 23rd, Doss of the 52nd and Kidd of the 25th: A Bill to be entitled an Act to amend an Act providing for payment for the cost of care of persons admitted or committed to State institutions, so as to provide that parents of retarded children in the custody and care of State institutions shall not be responsible for the cost after the child reaches 18 years old; and for other purposes. SB 461. By Senator Dean of the Gth: A Bill to be entitled an Act to amend an Act known as the Georgia Pood Act, so as to prohibit the labeling of a product as honey unless produced by bees; to prohibit the labeling of a product as imitation honey; and for other purposes. SB 472. By Senators Kennedy of the 4th, Gillis of the 20th and McDuffie of the 19th: A Bill to be entitled an Act to amend Section 68-201 of the Code of Georgia, and codified as Section 92-2902 of the Code of Georgia, both of which relate to the registration and the licensing of motor vehicles; and for other purposes. SB 476. By Senator McGill of the 24th: A Bill to be entitled an Act to amend an Act known as the "Georgia Meat Inspection Act", so as to include rabbits within the provisions of said Act; 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 Bill, of the House and has instructed me to report same back to the House with the following recommendation: HE 165. Do Pass, by Substitute. Respectfully submitted, Pinkston of the 89th, Vice-Chairman. The following Minority Report was received and read: MINORITY REPORT ON HB 165 The undersigned members of the House Committee on Banks and Banking 530 JOURNAL OF THE HOUSE, hereby submit this Minority Report and state that they do not agree that House Bill 165 should be given a recommendation of "Do Pass". Respectfully submitted, /s/ Clayton Brown, Jr. /s/ Oliver Oxford /s/ Billy Milford /s/ George Kreeger Is/ G. Robert Howard /s/ Morgan of 70th /s/ Karrh of 91st /s/ Logan of 62nd Mr. Brown of the 67th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 1419. Do Pass. HB 1252. Do Pass. HB 1362. Do Pass. HB 1258. Do Pass. HB 1518. Do Pass. HB 1560. Do Pass. HB 1418. Do Pass. HB 1536. Do Pass. HB 1537. Do Pass. HB 954. Do Pass. Respectfully submitted, Marcus of the 26th, Vice-Chairman. Mr. Lee of the 68th District, Chairman of the Committee on Industry, submitted the following report: FRIDAY, JANUARY 25, 1974 531 Mr. Speaker: Your Committee on Industry has had under consideration the following Resolutions of the House and has instructed me to report same back to the House with the following recommendations: HR 237-942. Do Pass, by Substitute. HR 259-983. Do Pass. Respectfully submitted, Moyer of the 99th, 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 Bill of the House and has instructed me to report same back to the House with the following recommendation: HB 974. Do Pass, by Substitute. Respectfully submitted, Moyer of the 99th, Secretary. Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1277. Do Pass, by Substitute. HB 1555. Do Pass. HR 476-1380. Do Pass. Respectfully submitted, Snow of the 1st, Chairman. 532 JOURNAL OF THE HOUSE, 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 Bill of the House and has instructed me to report same back to the House with the following recommendation: HB 1013. Do Not Pass. Respectfully submitted, Smith of the 74th, Chairman. 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 Resolution of the House and has instructed me to report same back to the House with the following recommendation: HR 519. 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 following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 77-251. Reported Without Recommendation. Respectfully submitted, Roach of the 8th, Chairman. FRIDAY, JANUARY 25, 1974 533 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 (Local Legislation) has had under consideration the following Bills and Resolution of the House and has instructed me to report same hack to the House with the following recommendations: HR 498-1441. Do Pass. HB 1467. Do Pass. HB 1477. Do Pass. HB 1484. Do Pass. HB 1486. Do Pass. HB 1488. Do Pass. HB 1489. Do Pass. HB 1490. Do Pass. HB 1491. Do Pass. HB 1492. Do Pass. HB 1511. Do Pass. HB 1513. Do Pass. Respectfully submitted, Levitas of the 50th, Chairman. Mr. Howell of the 118th District, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the following Bills and Resolution of the House and has instructed me to report same back to the House with the following recommendations: HR 457-1298. Do Pass, by Substitute. HB 626. Do Not Pass. HB 1266. Do Pass. SB 166. Do Pass. HB 1310. Do Pass, as Amended. HB 1313. Do Pass. HB 1335. Do Pass. HB 1336. Do Pass. HB 1339. Do Pass. Respectfully submitted, Howell of the 118th, Chairman. 534 JOURNAL OF THE HOUSE, 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 following Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 214. Do Pass, by Substitute. HB 409. Do Pass, by Substitute. HB 1328. Do Pass, by Substitute. HB 1372. Do Pass. HB 1404. Do Pass, as Amended. Respectfully submitted, Wamble of the 120th, Chairman. By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 1467. By Mr. Brantley of the 92nd: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Candler County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1477. By Messrs. Jones of the 109th, Triplett of the lllth, Gignilliat of the 105th and others: A Bill to be entitled an Act to amend an Act providing that the Board of Public Education for the City of Savannah and the County FRIDAY, JANUARY 25, 1974 535 of Chatham shall be elected by the voters of Chatham County, approved Mar. 21, 1968 (Ga. Laws 1968, p. 2636), as amended, so as to change the provisions relative to filling vacancies on said Board of Education; 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 1484. By Messrs. Adams and Smith of the 74th: A Bill to be entitled an Act to amend the Act entitled "An Act to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of compensation; to provide that all fees, costs, fines, forfeitures, commissions, other emoluments or perquisites and other compensations of the Ordinary of Upson County shall become the property of and be paid to the governing authority of Upson County, etc."; to repeal conflicting laws; and for other purposes. The report of the Committee, which vvas favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1486. By Messrs. Adams and Smith of the 74th: A Bill to be entitled an Act to amend the Act entitled "An Act to place the Sheriff of Upson County upon an annual salary in lieu of the fee system of compensation; to provide that all fees, costs, fines, forfeitures, commissions, emoluments or other perquisites and other compensations of the Sheriff of Upson County shall become the property of and be paid to the governing authority of Upson County"; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 536 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 1488. By Messrs. Snow and Hays of the 1st, and Foster and Cole of the 6th: A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Walker County into the office of tax commissioner of Walker County, approved Jan. 27, 1964 (Ga. Laws 1964, p. 2018), as amended, so as to change the compensation of the tax commissioner of Walker County; to change the total amount which deputies, clerks, assistants and other personnel might receive; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1489. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Walker County and providing in lieu thereof an annual salary, approved January 27, 1964 (Ga. Laws 1964, p. 2024), as amended, so as to change the compensation of the clerk of the superior court of Walker County; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1490. By Messrs. Snow and Hays of the 1st and Foster and Cole of the 6th: A Bill to be entitled an Act to amend an Act placing the ordinary of W'alker County on a salary basis, approved January 27, 1964 (Ga. Laws FRIDAY, JANUARY 25, 1974 537 1964, p. 2014), as amended, so as to change the compensation of the ordinary of Walker County; to change the total amount which deputies, clerks, assistants and other personnel of the ordinary's office may receive; 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 1491. By Messrs. Snow and Hays of the 1st and Poster of the 6th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Walker County upon an annual salary, approved March 20, 1965 (Ga. Laws 1965, p. 2886), as amended, so as to change the compensation of the Sheriff of Walker County; to provide 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 ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1492. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Walker County, approved Feb. 10, 1939 (Ga. Laws 1939, p. 751), as amended, so as to change the compensation and traveling expenses of the commissioner; to authorize the commissioner to purchase an automobile; to change the provisions relative to the publication of county employees' compensation in quarterly financial statements; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. 538 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1511. By Messrs. Howell of the 118th, Irwin of the 113th and Hatcher, Hutchinson, Odom, and Busbee of the 114th: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Calhoun County, approved February 6, 1952 (Ga. Laws 1952, p. 2161), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2489), so as to change the provisions relative to the compensation of the Tax Commissioner and his assistant; to provide 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 passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1513. By Messrs. Grantham and Wheeler of the 127th: A Bill to be entitled an Act to amend an Act creating the Charter for the City of Douglas, approved Dec. 20, 1899 (Ga. Laws 1899, p. 177), as amended, so as to change the date for electing the board of commissioners of said city; to provide for other matters relative thereto; to change the provisions relating to certain fines in criminal cases in the Recorder's 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. HR 498-1441. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that each resident of the City of Forest Park who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 FRIDAY, JANUARY 25, 1974 539 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said city; to provide that federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Forest Park who is 65 years of age or over is hereby granted an exemption of $4,000 from all ad valorem taxes levied by the City of Forest Park on the homestead owned and occupied by him as a residence, as provided herein. To qualify for the homestead exemption, the resident and owner of the homestead must not have an income from all sources, including the income of his spouse who also occupies and resides at such homestead, exceeding $4,000 per annum. Federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse. Any such resident shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the governing authority or a person designated by the governing authority of the City of Forest Park, giving his age and the amount of income which he and his spouse received during the preceding year, and such additional information relative to receiving the benefits of such homestead exemption as will enable the governing authority or a person designated by the governing authority of the City of Forest Park, to make a determination as to whether such resident and owner is entitled to such exemption. The governing authority or a person designated by the governingauthority of the City of Forest Park shall supply affidavit forms for this purpose. If such resident and owner is qualified to receive the old-age homestead exemption of $4,000 from Clayton County ad valorem taxes, proof of such exemption shall qualify such resident and owner of the City of Forest Park for the homestead exemption of $4,000 provided for herein. No homestead shall be subject to more than one exemption, and the value of the homestead in excess of the exemption authorized herein shall remain subject to ad valorem taxation by the City of Forest Park. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1974." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: 540 JOURNAL OP THE HOUSE, "( ) YES Shall the Constitution be amended so as to provide that each resident of the City of Forest Park who is 65 years of age or over and who does not have an ( ) NO income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said city and to provide that federal oldage, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse?" 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 note "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D., Jr. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Blackshear Bohannon Brantley, H. H. Brantley, H. L. Bray Brown, C. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Coney Connell Davis, E. T. Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Floyd, J. H. Floyd, L. R. Foster Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. P. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Karrh Keyton Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Lowrey Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt FRIDAY, JANUARY 25, 1974 541 Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, W. B. Savage Shanahan Shepherd Snow Stephens Strickland Sweat Thompson Toles Townsend 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.: Adams, Marvin Bennett Berlin Berry Bond Bostick Brown, B. D. Brown, S. P. Buck Collins, S. Daugherty Davis, W. Dean, Gib Dean, N. Dollar Ezzard Parrar Fraser Geisinger Hamilton Hill, G. Horton, W. L. Irwin, J. R. Jordan King Lambert Larsen, W. W. Lewis Logan Marcus Mason Matthews, C. McCracken Morgan Peters Petro Phillips, G. S. Rainey Russell, J. Sams Smith, J. R. Smith, V. B. Thomason Twiggs Mr. Speaker On the adoption of the Resolution, the ayes were 134, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: 542 JOURNAL OP THE HOUSE, SB 494. By Senator Johnson of the 38th: A Bill to amend Code Section 26-2907 relating to exemptions from provisions of Code Section 26-2901 relating to carrying a concealed weapon, Code Section 26-2902, relating to the carrying of deadly weapons at public gatherings, Code Section 26-2906 relating to machine guns, so as to provide an additional exemption for the provisions of said Code Section for district attorneys. The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit: SR 264. By Senators Henderson of the 33rd, Gillis of the 20th, Thompson of the 32nd, and Moore of the 56th: A Resolution pertaining to standard time; and for other purposes. The Senate has agreed to the House amendment to the Senate amendment to the following Bill of the House, to-wit: HB 1179. By Mr. Murphy of the 18th: A Bill 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. The Senate adheres to its amendments and has appointed a Committee of Conference on the following Bill of the House, to-wit: HB 455. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to provide for the licensing of transient merchants; to provide for the procedures therefor; and for other purposes. The President has appointed on the part of the Senate the following Senators: Smith of the 34th, Kidd of the 25th, and Stephens of the 36th. The Senate has appointed a second Committee of Conference on the following Bill of the House, to-wit: HB 176. By Mr. Greer of the 43rd: A Bill to provide credit for prior service to general employee and FRIDAY, JANUARY 25, 1974 543 teacher members of pension systems of cities of more than 200,000 population under certain circumstances; and for other purposes. The President has appointed on the part of the Senate the following' Senators: Coggin of the 35th, Stephens of 36th, and Johnson of the 38th. The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 439. By Senator Brown of the 47th: A Bill to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, so as to change the definition of the term "private passenger automobile"; to provide an effective date; and for other purposes. By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees: SR 264. By Senators Henderson of the 33rd, Gillis of the 20th, London of the 50th and others: A Resolution pertaining to standard time; to urgently request the members of the Georgia Congressional Delegation to immediately seek adoption of legislation exempting the State of Georgia from daylight savings time; and for other purposes. Referred to the Committee on State of Republic. SB 330. By.Senator Lester of the 23rd: A Bill-to be entitled an Act comprehensively to govern the treatment of alcoholism and intoxication; to confer necessary powers in the Department of Human Resources to plan, establish, and maintain programs and facilities for treatment of alcoholism and intoxication; and for other purposes. Referred to the Committee on Human Relations. SB 494. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend Code Section 26-2907 relating to exemptions from provisions of Code Section 26-2901 relating to carrying a concealed weapon, Code Section 26-2902 relating to the carrying of deadly weapons at public gatherings, Code Section 26-2903 relating to 544 JOURNAL OF THE HOUSE, carrying pistols without licenses, and Code Section 26-2906 relating to machine guns; and for other purposes. Referred to the Committee on Special Judiciary. SB 439. By Senator Brown of the 47th: A Bill to be entitled an Act to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, so as to change the definition of the term "private passenger automobile"; and for other purposes. Referred to the Committee on Motor Vehicles. Mr. Davis of the 85th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: HB 1099. By Mr. Davis of the 85th: A Bill to be entitled an Act to amend Section 92-3303 of the Code of Georgia of 1933, so as to reduce from two years to 90 days the time within which taxes may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service; and for other purposes. On the motion to reconsider, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D., Jr. Adams, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Bostick Brantley, H. H. Bray Brown, C. Buck Burruss Busbee Carlisle Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Davis, E. T. Dean, J. E. Dent Dickey Dixon Dorminy Egan Evans Farrar Floyd, L. R. Grahl Greer Groover Harden Harrington Harris, J. R. Harrison Hawes Hays Horton, G. T. Howell Hutchinson Irvin, J. Irvin, R. Johnson Jordan King Lambert Lane, Dick Larsen, G. K. Lee Levitas Mason Matthews, D. R. Mauldin McDonald McKinney Milford Moyer Nix Patten, G. C. Petro Phillips, L. L. FRIDAY, JANUARY 25, 1974 545 Ritchie Roach Ross Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Triplett Tucker Turner Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Willis Wilson, M. L. Wood Those voting in the negative were Messrs. Adams, John Alien Blackshear Bohannon Brantley, H. L. Carrell Dean, N. Edwards Foster Gignilliat Grantham Hatcher Hill, G. Howard Hudson Irwin Karrh Knight Kreeger Lane, W. J. Lewis Lowrey McDaniell Northcutt Mullinax Nessmith Noble Oxford Patten, R. L. Patterson Toles Ware Williams Wilson, J. M. Those not voting were Messrs.: Atherton Berlin Berry Bond Brown, B. D. Brown, S. P. Burton Carr Collins, M. Daugherty Davis, W. Dean, Gib Dollar Duke Elliott Ellis Ezzard Floyd, J. H. Fraser Geisinger Hamilton Harris, J. F. Hill, B. L. Horton, W. L. Jessup Jones Keyton Larsen, W. W. Logan Marcus Matthews, C. McCracken Miles Morgan Mulherin Odom Pearce Peters Phillips, G. S. Pinkston Rainey Reaves Rogers Rush Russell, J. Shepherd Thomason Townsend Twiggs Vaughn Mr. Speaker On the motion to reconsider, the ayes were 95, nays 33. 546 JOURNAL OF THE HOUSE, The motion prevailed, and the House reconsidered its action on HB 1099. Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time: HR 503-1475. By Mr. Willis of the 119th: A Resolution authorizing the conveyance of certain real property located in the City of Bainbridge in Decatur County, Georgia; and for other purposes. The following amendment was read and adopted: Mr. Willis of the 119th moves to amend HR 503-1475 by striking from lines 18 and 19 on page 3 the words "for and in consideration of the sum of $100" and inserting in lieu thereof the following: "for a consideration to be determined by the State Properties Control Commission". The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended. On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Duke Edwards Elliott Ellis Evans Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harris, J. P. Harris, J. R. Harrison Hatcher Hays Hill, G. Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Lee Levitas Lewis FRIDAY, JANUARY 25, 1974 547 Lowrey Marcus Matthews, D. R. Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Voting in the negative were Messrs. W. W. Larsen and L. L. Phillips. Those not voting were Messrs.: Adams, G. D., Jr. Berlin Bond Brown, B. D. Col well Daugherty Dollar Dorminy Egan Ezzard Farrar Fraser Hamilton Harrington Hawes Hill, B. L. Howard Lane, Dick Logan Mason Matthews, C. McCracken McDaniell Nix Odom Pearce Peters Petro Phillips, G. S. Pinkston Rainey Thomason Twiggs Ware Mr. Speaker On the adoption of the Resolution, the ayes were 143, nays 2. The Resolution, having received the requisite constitutional majority, was adopted, as amended. 548 JOURNAL OF THE HOUSE, HB 1391. By Mr. Burruss of the 21st: A Bill to be entitled an Act to amend an Act regulating employment of children, so as to provide that certain minors can work in wholesale and retail stores; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 106, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1409. By Messrs. Murphy of the 18th, Collins of the 122nd, Groover of the 75th and others: A Bill to be entitled an Act to amend an Act known as the "Georgia Building Authority Act", so as to change the membership of the Authority; to change the provision relating to a quorum; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Elliott Ellis Evans Ployd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B, L. Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jordan Karrh Keyton King Kreeger Lambert Lane, Dick Larsen, G. K. FRIDAY, JANUARY 25, 1974 549 Larsen, W. W. Lee Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Berlin Bond Bray Brown, B. D. Brown, C. Colwell Daugherty Dollar Egan Ezzard Farrar Fraser Hamilton Horton, G. T. Jones Knight Lane, W. J. Levitas McCracken Odom Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Vaughn Mr. Speaker On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed. 550 JOURNAL OF THE HOUSE, HB 1410. By Messrs. Murphy of the 18th, Collins of the 122nd, Groover of the 75th and others: A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee, so as to grant control, authority and jurisdiction over the State Capitol Building to the Legislative Services Committee; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Elliott Ellis Evans Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Lewis Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mullinax Nessmith Nix Noble Oxford Patten, G. C. Patten, R. L. Patterson Pearce Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage FRIDAY, JANUARY 25, 1974 551 Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat . Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Those not voting were Messrs.: Berlin Carrell Colwell Daugherty Davis, E. T. Dollar Egan Ezzard Farrar Fraser Hamilton Hill, B. L. Howell Karrh Levitas Logan Matthews, D. R. McCracken Miles Mulherin Northcutt Odom Peters Petro Phillips, G. S. Rainey Wood Mr. Speaker On the passage of the Bill, as amended, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Mr. Wood of the 9th stated that he had been called from the floor of the House when the roll was called on the passage of HB 1410. Had he been present he would have voted "aye". HB 1242. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to be entitled an Act to amend an Act relating to licensing of dealers in pistols and short barreled firearms, so as to change the provisions relative to the length of short barreled firearms; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 552 JOURNAL OF THE HOUSE, On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Bailey Beckham Bennett Berry Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Duke Edwards Egan Elliott Ellis Evans Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howell Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDonald McKinney Miles Milford Morgan Moyer Mullinax Nessmith Nix Noble Oxford Patten, G. C. Patten, R. L. Patterson Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Strickland Sweat Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood, J. T. FRIDAY, JANUARY 25, 1974 553 Those voting in the negative were Messrs.: Bohannon Wilson, J. M. Those not voting were Messrs.: Alexander, W. H. Atherton Berlin Blackshear Burruss Carrell Colwell Daugherty Dollar Dorminy Ezzard Parrar Fraser Hamilton Hill, G. Howard Hudson Levitas Matthews, D. R. McCracken McDaniell Mulherin Northcutt Odom Pearce Peters Petro Phillips, G. S. Rainey Stephens Thomason Thompson Ware Mr. Speaker On the passage of the Bill, the ayes were 144, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 1251. By Messrs. Walker of the 100th, Hawes of the 43rd and Russell of the 62nd: A Bill to be entitled an Act to amend an Act known as the "Georgia Industrial Loan Act", so as to provide for the removal from record of certain deeds to secure debt, financing statements, personalty mortgages or other instruments; to provide grounds for suspension or revocation of license in connection therewith; and for other purposes. The following Committee amendment was read and adopted: The Judiciary Committee amends H. B. 1251 as follows: Line 16 page 1: By deleting the word "60" and inserting the word "30" in lieu thereof. By deleting the word "time" and inserting the word "the" in lieu thereof. Line 26 page 1: By inserting the following language immediately after the words "superior court.": "The licensee, within the aforesaid time, shall cause to be furnished to the Clerk a legally sufficient instrument to authorize the Clerk to cancel said recorded instrument." 554 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin,R. Irwin Jessup Johnson Jordan Karrh Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mullinax Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Petro Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Tucker FRIDAY, JANUARY 25, 1974 555 Turner Twiggs Vaughn Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those not voting were Messrs.: Beckham Berlin Carrell Daugherty Dollar Ezzard Floyd, J. H. Fraser Hamilton Harris, J. F. Jones Lambert Larsen, W. W. Matthews, D. R. McCracken Mulherin Odom Pearce Peters Phillips, G. S. Rainey Thomason Triplett Wamble Wilson Mr. Speaker On the passage of the Bill, as amended, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Under the general order of business, the following Resolution of the House, having been reported without recommendation from the Committee on Judiciary and having been read the third time on January 19, 1974 and postponed, was again taken up for consideration: HR 7-27. By Mr. Alexander of the 38th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of violent crime; to provide for the submission of this amendment for 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 a new paragraph to read as follows: 556 JOURNAL OF THE HOUSE, "The General Assembly is hereby authorized to provide by law for compensating innocent victims of violent crime. The General Assembly shall be further authorized to appropriate funds to carry out the provisions of any law adopted pursuant to the authority of this paragraph." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize the General Assembly to provide by law for com- ( ) NO pensating innocent victims of violent crime?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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 Sate. The following amendments were read and adopted: Mr. Russell of the 53rd moves to amend HR 7-27 by adding the word "those" after "compensating" on line 18 and the words "who have suffered grave physical harm as a result of said violent crime" on line 12 after the words "violent crime" and by amending the caption accordingly; and by adding said language to Section 2. Mr. Larsen of the 102nd moves to amend HR 7-27 by adding on line 26, page 1, after the word "crime" and before the question mark on such line the following words, to-wit: "and so as to authorize the appropriation of public funds for such purpose". On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Alexander, W. H. Blackshear Bohannon Bond Brown, B. D. Brown, S. P. Clark Daugherty Davis, E. T. Dean, J. E. Dent Dickey Dixon Egan Elliott Ezzard Farrar Floyd, L. R. Greer Hamilton Harris, J. F. Harris, J. R. Hays Hill, B. L. Horton, G. T. FRIDAY, JANUARY 25, 1974 557 Irvin, J. King Lane, Dick Larsen, G. K. Matthews, C. McKinney Petro Phillips, L. L. Snow Stephens Sweat Wall Those voting in the negative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Alien Atherton Bailey Beckham Berry Brantley, H. H. Bray Brown, C. Burton Carlisle Carrell Castleberry Chance Cole Coleman Collins, M. Celling, S. Colwell Coney Davis, W. Dean, Gib Dean, N. Dorminy Duke Evans Foster Fraser Geisinger Gignilliat Grahl Grantham Groover Harden Harrington Hill, G. Horton, W. L. Howard Hutchinson Irvin, R. Irwin Jessup Jones Jordan Karrh Keyton Knight Kreeger Lambert Lane, W. J. Larsen, W. W. Lee Logan Matthews, D. R. Mauldin McDaniell McDonald Milford Morgan Moyer Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patterson Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Shanahan Smith, J. R. Strickland Thomason Toles Tucker Turner Twiggs Waddle Walker Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Adams, Marvin Alexander, W. M. Bennett Berlin Bostick Brantley, H. L. Buck Burruss Busbee Carr Connell Dollar Edwards Ellis Floyd, J. H. Harrison Hatcher Hawes Howell Hudson Johnson 558 Levitas Lewis Lowrey Marcus Mason McCracken Miles Mulherin Mullinax JOURNAL OF THE HOUSE, Odom Patten, R. L. Pearce Peters Phillips, G. S. Pinkston Rainey Savage Shepherd Smith, V. B. Thompson Townsend Triplett Vaughn Wheeler, Bobby Mr. Speaker On the adoption of the Resolution, as amended, the ayes were 37, nays 97. The Resolution, as amended, having failed to receive the requisite twothirds constitutional majority, was lost. The Speaker Pro Tempore assumed the Chair. The following Resolution of the House was read and adopted: HR 519. By Messrs. Murphy of the 18th, Busbee of the 114th, Buck of the 87th and others: A RESOLUTION Amending the Rules of the House; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 130 is hereby amended by striking the first sentence which reads as follows: "The Clerk shall, as soon as possible after any bill or resolution of general application is filed in his office, cause the same to be printed and a copy thereof distributed to each member forthwith.", and inserting in lieu thereof the following: "The Clerk shall, as soon as possible after any bill or resolution of general application is filed in his office, cause the same to be printed, and when such bill or resolution is placed on the general calendar the Clerk shall distribute a copy thereof to each member of the House." FRIDAY, JANUARY 25, 1974 559 Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1291. By Mr. Carlisle of the 67th: A Bill to be entitled an Act to amend an Act known as the "Sedition and Subversive Activities Act of 1953", so as to change the provision relating to the written questionnaire; and for other purposes. The following Committee amendment was read and adopted: The Committee on Judiciary moves to amend H. B. No. 1291 as follows: Line 1, page 3. By striking the words "formally charged" and substituting in lieu thereof the word "convicted". Line 8, page 3. By striking the word "charges" and substituting in lieu thereof the word "convictions". Line 11, page 3. By striking the word "charged" in two places and substituting in lieu thereof the word "convicted". Line 12, page 3. By striking the words "charged and the disposition" and substituting in lieu thereof the word "convicted". The following amendment was read: Mr. Jordan of the 58th moves to amend HB 1291 by adding the following language on line 9, page 2, after the word "to": "be fingerprinted,". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Ezzard Fraser Jordan Lane, W. J. Matthews, D. R. McDaniell McDonald Petro Ritchie Twiggs Wall Williams 560 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Adams, Marvin Atherton Beckham Bennett Berlin Brantley, H. L. Brown, B. D. Buck Burruss Burton Carr Carrell Coleman Collins, M. Colwell Davis, W. Dent Dollar Ellis Farrar Floyd, J. H. Grahl Grantham Greer Groover Harrison Hill, G. Howard Howell Hudson Irvin, R. Jessup King Lambert Larsen, W. W. Lewis Marcuss Mason McCracken Moyer Mulherin Nessmith Odom Pearce Peters Petro Phillips, G. S. Rainey Reaves Shepherd Smith, W. B. Thomason Thompson Town send Vaughn Wheeler, J. A. Mr. Speaker Those voting in the negative were Messrs. Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Bailey Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Busbee Carlisle Castleberry Chance Clark Cole Collins, S. Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dickey Dixon Dorminy Duke Edwards Egan Elliott Evans Floyd, L. R. Foster Geisinger Gignilliat Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hatcher Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Hutchinson Irvin, J. Irwin Johnson Jones Karrh Keyton Knight Kreeger Lane, Dick Larsen, G. K. Lee Levitas Logan Lowrey Matthews, C. Mauldin McKinney Miles Milford Morgan Mullinax Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Phillips, L. L. Pinkston Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Snow Stephens Strickland Sweat Toles Triplett FRIDAY, JANUARY 25, 1974 561 Tucker Turner Waddle Walker Wamble Ware Wheeler, Bobby Whitmire Willis Wilson, J. M. Wilson, M. L. Wood On the adoption of the amendment, the ayes were 12, nays 112. The amendment was lost. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Berry Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Dixon Dorminy Duke Edwards Egan Elliott Evans Ezzard Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hutchinson Irvin, J. Irwin Jessup Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee Levitas Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Mullinax 562 Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Petro Phillips, L. L. Pinkston Reaves Ritchie Roach Ross Rush JOURNAL OF THE HOUSE, Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs.: Blackshear Bond Lane, W. J. Williams Those'not voting were Messrs.: Atherton Bennett Berlin Brantley, H. L. Brown, B. D. Buck Burruss Burton Carrell Collins, M. Colwell Dent Dollar Ellis Farrar Grahl Groover Howell Hudson Irvin,R. Lambert Lewis Marcus Mason McCracken Moyer Mulherin Odom Pearce Peters Phillips, G. S. Rainey Rogers Smith, V. B, Townsend On the passage of the Bill, as amended, the ayes were 140, nays 4. The Bill, having received the requisite constitutional majority, was passed, as amended. HR 473-1369. By Messrs. Nessmith of the 76th, Collins of the 122nd, Carr of the 90th and others: A Resolution relative to the allocation of natural gas to be used in the production of nitrogen; and for other purposes. FRIDAY, JANUARY 25, 1974 563 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 Beckham Berlin Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Ployd, L. R. Poster Fraser Geisinger Gignilliat Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, . T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jordan Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Levitas Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mullinax Nessmith Nix Noble Oxford Patten, G. C. Patten, R. L. Patterson Petro Phillips, L. L. Pinkston Reaves Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend 564 Triplett Tucker Turner Twiggs Vaughn Waddle JOURNAL OF THE HOUSE, Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting1 were Messrs.: Bailey Bennett Berry Bond Bray Buck Burruss Burton Dollar Farrar Floyd, J. H. Grahl Hamilton Hill, B. L. Irwin Jones Lee Lewis Mason McCracken Morgan Mulherin Northcutt Odom Pearce Peters Phillips, G. S. Rainey Ritchie Mr. Speaker On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 1355. By Messrs. Mullinax of the 65th, Busbee of the 114th, Grantham of the 127th and others: A Bill to be entitled an Act to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" (Ga. Laws 1937, pp. 806, et seq.), as amended, (now Employment Security Law), so as to increase maximum benefit amounts; to prevent a tax increase; to delete a requalifying provision applicable to pregnancy separations; to provide for the availability of transcripts and other documents; 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. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Blackshear Bohannon Bo stick Brantley, H. H. Brown, C. Brown, S. P. Burton Busbee Carlisle Castleberry Chance Clark Cole Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, W. Dean, J. E. Dean, N. Dent Dicky Dixon Dorminy Duke Edwards Elliott Ellis Evans Ezzard Floyd, J. H. Floyd, L. R. Foster Fraser Gesinger Gignilliat Grantham Greer Groover Hamilton FRIDAY, JANUARY 25, 1974 565 Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jordan Karrh Keyton King Knight Kreeger Lambert Lane, Dick. Lane, W. J. Larsen, G. K. Lee Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mullinax Nessmith Nix Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Petro Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. B. Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs.: Beckham Horton, W. L. Noble Sams Those not voting were Messrs.: Bennett Berlin Berry 566 Bond Brantley, H. L. Bray Brown, B. D. Buck Burruss Carr Carrell Coleman Davis, E. T. Dean, Gib JOURNAL OF THE HOUSE, Dollar Egan Farrar Grahl Irwin, J. R. Jones Larsen, W. W. Levitas Lewis Logan Matthews, D. R. McCracken Miles Mulherin Odom Pearce Peters Phillips, G. S. Rainey Rush Shepherd Mr. Speaker On the passage of the Bill, the ayes were 140, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 1108. By Mr. Cole of the 6th: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that when any dealer shall fail to make any return where wilful intent to defraud the State exists shall pay a specific penalty of 50% of the tax bill; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to provide that when any dealer, with wilful intent to defraud the State of any tax due under this Act, shall fail to make any return or files a false or fraudulent return, such dealer shall pay, in addition to other penalties, a specific penalty of fifty percent (50%) of the tax due; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by striking the last sentence from Section 16 (c) of said Act, which reads as follows: "In the case of a false or fraudulent return, whjre wilful intent exists to defraud the State of any tax due under this Act, a specific penalty of fifty percent (50%) of the tax bill shall be assessed.", FRIDAY, JANUARY 25, 1974 567 and inserting in lieu thereof the following: "When any dealer, with wilful intent to defraud the State of any tax due under this Act, shall fail to make any return or files a false or fraudulent return, such dealer shall pay, in addition to other penalties, a specific penalty of fifty percent (50%) of the tax due." Section 2. This Act shall become effective on April 1, 1974. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. An amendment, offered by Mr. Patten of the 124th, was read and lost. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Blackshear Bond Bostick Bray Brown, B. D. Brown, C. Brown, S. P. Burton Busbee Carlisle Carr Chance Clark Cole Collins, S. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ezzard Floyd, L. R. Foster Fraser Geisinger Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hutchinson Irvin J. Irvin, R. Irwin, J. R. Jones Jordan Keyton King Knight 568 Kreeger Lambert Lane, Dick Larsen, G. K. Lee Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford JOURNAL OP THE HOUSE, Morgan Mullinax Noble Odom Oxford Patten, G. C. Reaves Ritchie Roach Rogers Rush Russell, J. Russell, W. B. Sams Savage Smith, V. B. Snow Stephens Thompson Toles Triplett Tucker, Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood Those voting in the negative were Messrs.: Atherton Beckham Bohannon Brantley, H. H. Brantley, H. L. Castleberry Coleman Colwell Hudson Jessup Johnson Karrh Lane, W. J. Nessmith Patten Patterson Ross Shanahan Smith, J. R. Thomason Twiggs Those not voting were Messrs.: Bennett Berlin Berry Buck Burruss Carrell Collins, M. Coney Dollar Ellis Evans Farrar Floyd, J. H. Gignilliat Grahl Grantham Greer Hawes Howell Larsen, W. W. Levitas McCracken Moyer Mulherin Nix Northcutt Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Shepherd Strickland Sweat Townsend Wheeler, Bobby Wilson, M. L. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 119, nays 21. The Bill, having received the requisite constitutional majority, was passed, by substitute. FRIDAY, JANUARY 25, 1974 569 HB 967. By Messrs. Patten of the 123rd, Smith of the 74th, Smith 42nd and others: A Bill to be entitled an Act to amend an Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes, as amended, so as to provide for a minimum ad valorem tax on motor vehicles; 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. Bennett Bostick Brantley, H. L. Brown, S. P. Burton Coney Davis, W. Dickey Duke Egan Elliott Evans Hill, G. Horton, W. L. Howard Irvin, R. Irwin Jordan Knight Kreeger Lambert Lane, Dick Larsen, G. K. Marcus Matthews, D. R. Mullinax Nix Patten, G. C. Ritchie Savage Smith, V. B. Townsend Tucker Wamble Ware Wilson, J. M. Those voting in the negative were Messrs. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Bailey Blackshear Bohannon Bond Brantley, H. H. Bray Brown, C. Carlisle Castleberry Chance Clark Coleman Collins, M. Collins, S. Colwell Connell Daugherty Dean, Gib Dean, J. E. Dean, N. Dixon Dorminy Edwards Ezzard Floyd, J. H. Fraser Geisinger Gignilliat Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, B. L. Horton, G. T. Hutchinson Jessup Johnson Jones Karrh Keyton King Lane, W. J. Larsen, W. W. Lee Logan 570 Lowrey Mason Matthews, C. Mauldin McDaniell McDonald McKinney Milford Moyer Nessmith Noble Northcutt JOURNAL OF THE HOUSE, Odom Patterson Roach Rogers Ross Russell, J. Russell, W. B. Shanahan Stephens Sweat Thomason Toles Twiggs Waddle Walker Wall Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those not voting were Messrs. : Adams, Marvin Atherton Beckham Berlin Berry Brown, B. D. Buck Burruss Busbee Carr Carrell Cole Davis, E. T. Dent Dollar Ellis Farrar Floyd, L. R. Foster Grahl Grantham Greer Groover Hawes Howell Hudson Irvin, J. Levitas Lewis McCracken Miles Morgan Mulherin Oxford Patten, R. L. Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Rush Sams Shepherd Smith, J. R. Snow Strickland Thompson Triplett Turner Vaughn Wheeler, Bobby Mr. Speaker On the passage of the Bill, the ayes were 37, nays 88. The Bill, having failed to receive the requisite constitutional majority, was lost. Mr. Connell of the 80th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, January 28, 1974, and the motion prevailed. The Speaker Pro Tempore announced the House adjourned until 10:00 o'clock, Monday morning. MONDAY, JANUARY 28, 1974 571 Representative Hall, Atlanta, Georgia Monday, January 28, 1974 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 the Reverend Roger Williams, Pastor, First Baptist Church, Gumming, Georgia. 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 un; imous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1611. By Mr. Collins of the 45th and Horton of the 56th: A Bill to be entitled an Act to amend Code Title 30, relating to divorce and alimony, so as to substantially revise, modernize and supersede the laws relating to alimony and the payment of support; to change the 572 JOURNAL OF THE HOUSE, provisions relating to the transfer of property after a suit for divorce has been filed; to change the definition of the term alimony; and for other purposes. Referred to the Committee on Special Judiciary. HB 1612. By Mr. Bray of the 66th: A Bill to be entitled an Act to amend an Act incorporating the City of Manchester, so as to remove certain territory from the corporate limits of the said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1613. By Messrs. Northcutt of the 68th, Adams of the 14th, Carrell of the 71st and Wheeler of the 13th: A Bill to be entitled an Act to provide for the submission and approval of annual budgets for the office of the sheriff in each county; to provide for the content of a proposed budget; to require the sheriff to furnish relevant and appropriate information; and for other purposes. Referred to the Committee on State of Republic. HB 1614. By Messrs. Ellis of the 107th, Smith of the 74th and Atherton of the 19th: A Bill to be entitled an Act to provide definitions; to provide for a declaration of purpose; to create a Motor Vehicle Commission; to provide for the licensing of motor vehicle manufacturers, factory branches and divisions, factory representatives, distributors, distribution branches divisions, distribution representatives, wholesalers, wholesaler's branches and divisions; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1615. By Mr. Howell of the 118th: A Bill to be entitled an Act to amend Code Section 34-1002A relating to presidential preference primary dates, so as to establish a procedure for the selection of that date upon which presidential preference primaries shall be held; and for other purposes. Referred to the Committee on State of Republic. HB 1616. By Mr. Harrington of the 93rd: A Bill to be entitled an Act to amend an Act known as the "Executive Reorganization Act of 1972", so as to permit the Commissioner of the MONDAY, JANUARY 28, 1974 573 Department of Human Resources to delegate powers and authority conferred on him to employees of the Department; and for other purposes. Referred to the Committee on Human Relations. HB 1617. By Messrs. Lewis and McCracken of the 77th, Lane and Nessmith of the 76th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Burke County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1618. By Messrs. Bennett of the 124th and Savage of the 30th: A Bill to be entitled an Act comprehensively and exhaustively to revise, supersede, and modernize procedure for a review of assessments made by county boards of tax assessors, so as to clarify qualifications of members and alternate members of county boards of equalization; and for other purposes. Referred to the Committee on Ways and Means. HB 1619. By Mr. Horton of the 43rd: A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta (now Criminal Court of Fulton County, so as to provide for an additional judge for said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1620. By Mr. Greer of the 43rd: A Bill to be entitled an Act to fix the salary of the Solicitor-General of the Criminal Court of Fulton County; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1621. By Mr. Larsen of the 102nd: A Bill to be entitled an Act to amend Code Section 113-1005, relating to the return of appraisers of the estate for year's support purposes, so as to authorize the possessor of any claim, whether arising ex contractu, ex delicto or otherwise, to file a caveat to the return of the appraisers; and for other purposes. Referred to the Committee on Special Judiciary. 574 JOURNAL OF THE HOUSE, HB 1622. By Messrs. McDonald of the 12th and Murphy of the 18th: A Bill to be entitled an Act to amend an Act providing for the registration of trademarks, so as to change the provisions relating to registration of trademarks or service marks and grounds for refusal; and for other purposes. Referred to the Committee on Judiciary. HB 1623. By Mr. King of the 85th: A Bill to be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", so as to require that certain records pertaining to persons under the influence of intoxicating liquor or drugs shall be preserved for a certain period of time; and for other purposes. Referred to the Committee on Highways. HB 1624. By Mr. King of the 85th: A Bill to be entitled an Act to amend an Act providing grants to citizens who are students attending private colleges or universities in this State, so as to change the definition of the term "eligible student"; and for other purposes. Referred to the Committee on University System of Georgia. HB 1625. By Mr. Hill of the 41st: A Bill to be entitled an Act to amend an Act reincorporating the City of Atlanta in the counties of Fulton and DeKalb (affecting all that tract or parcel of land lying and being in the 14th District of formerly Fayette, now Fulton County) ; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1626. By Messrs. Jones of the 109th, Colwell of the 4th, Chance of the 112th, Alien of the 108th, Ellis of the 107th, Gignilliat of the 105th, Triplett of the lllth, Blackshear of the 106th, Hill of the 110th, Toles of the 16th and others: A Bill to be entitled an Act to amend an Act which comprehensively exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners, so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be served; and for other purposes. Referred to the Committee on State Institutions & Property. MONDAY, JANUARY 28, 1974 575 HB 1627. By Mr. Buck of the 87th: A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide that the knowing conversion of funds deducted and withheld pursuant to said Act with the intention to deprive the State of said funds shall be a felony; and for other purposes. Referred to the Committee on Special Judiciary. HB 1628. By Mr. Buck of the 87th: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the knowing conversion of funds collected from another pursuant to said Act with the intention to deprive the State of such funds shall be a felony; and for other purposes. Referred to the Committee on Ways and Means. HB 1629. By Mr. Dean of the 60th: A Bill to be entitled an Act to amend an Act providing the precautions to be taken in proximity of high voltage electric lines, so as to define for the purposes of said Act the term "person or persons responsible for the work to be done"; and for other purposes. Referred to the Committee on Industry. HB 1630. By Messrs. Davis of the 56th, Burton of the 47th, Jordan of the 58th, Harris of the 51st, Collins of the 45th, Dean of the 54th, Geisinger of the 44th, Levitas of the 50th and others: A Bill to be entitled an Act to amend Code Section 34-1218, relating to the installation, custody and number of vote recorders, so as to change the minimum number of vote recorders which shall be required in each polling place using vote recorders; and for other purposes. Referred to the Committee on State of Republic. HB 1631. By Mr. Hill of the 110th: A Bill to be entitled an Act to amend an Act recreating and reestablishing the Georgia Commission for the National Bicentennial Celebration, so as to increase the number of at-large members of the Commission; and for other purposes. Referred to the Committee on Rules. HB 1632. By Messrs. Edwards of the 95th, Carrell of the 71st, Adams of the 14th and Roach of the 8th: A Bill to be entitled an Act to prohibit certain deceptive advertising and 576 JOURNAL OF THE HOUSE, sales practices or techniques in connection with the sale of beef, pork or lamb; and for other purposes. Referred to the Committee on Agriculture. HB 1633. By Messrs. Busbee, Hutchinson, Hatcher and Odom of the 114th: A Bill to be entitled an Act to provide for an additional Judge of the Superior Court of the Dougherty Judicial Circuit; to provide for the appointment of the first additional Judge by the Governor; and for other purposes. Referred to the Committee on Special Judiciary. HR 537-1633. By Mr. Larsen of the 27th: A Resolution authorizing and directing the Secretary of State to return a portrait of Mr. Francis Robert Goulding to Mr. Randolph Goulding; and for other purposes. Referred to the Committee on State Institutions & Property. HR 538-1633. By Mr. Bostick of the 123rd: A Resolution compensating Mrs. M. 0. Lindsey; and for other purposes. Referred to the Committee on Appropriations. HR 539-1633. By Mr. Bostick of the 123rd: A Resolution compensating Mr. John C. Edmonson, Jr.; and for other purposes. Referred to the Committee on Appropriations. HB 1634. By Messrs. Brown of the 89th and Bostick of the 123rd: A Bill to be entitled an Act to exempt from ad valorem taxation certain harvested agricultural products; and for other purposes. Referred to the Committee on Ways and Means. HR 540-1634. By Messrs. Brown of the 89th and Bostick of the 123rd: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from ad valorem taxation certain harvested agricultural products; and for other purposes. Referred to the Committee on Ways and Means. MONDAY, JANUARY 28, 1974 577 HR 541-1634. By Mr. Brown of the 89th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from ad valorem taxation certain harvested argricultural products held in Bibb County; and for other purposes. Referred to the Committee on Ways and Means. HR 542-1634. By Messrs. Busbee of the 114th and Murphy of the 18th: A Resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1974; and for other purposes. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1561. By Messrs. McCracken and Lewis of the 77th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, so as to change the method of election of councilman to a post system and to require a majority vote to decide all elections to any office; and for other purposes. HB 1562. By Messrs. Hill of the 110th, Ellis of the 107th, Blackshear of the 106th, Gignilliat of the 105th, Alien of the 108th, Jones of the 109th, Chance of the 112th and Triplett of the lllth: A Bill to be entitled an Act to amend Code Section 24A-201, relating to the creation of juvenile courts in certain counties, so as to provide for the creation of a juvenile court in Chatham County; and for other purposes. HB 1563. By Messrs. Hays of the 1st, Peters of the 2nd, Colwell of the 4th, Snow of the 1st, Rush of the 104th, Adams of the 14th, Twiggs of the 4th, Toles of the 16th, Nix of the 20th, and others: A Bill to be entitled an Act to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, so as to provide for an annual license plate for motor vehicles; and for other purposes. HB 1564. By Mr. Larsen of the 27th: A Bill to be entitled an Act to amend Code Chapter 32-4, relating to the State Board of Education, so as to require certian eye protection devices to 578 JOURNAL OP THE HOUSE, be worn in certain vocational and chemical laboratory courses; and for other purposes. Referred to the Committee on Education. HB 1565. By Messrs. Savage of the 30th, Egan of the 25th, Irvin of the 23rd, Floyd of the 56th, Davis of the 56th, Larsen of the 27th and Alexander of the 39th: A Bill to be entitled an Act to create the Joint Legislative Committee on Performance Evaluation and Expenditure Review; to define certain terms; to provide for the composition of the committee and the terms of its members; and for other purposes. HB 1566. By Messrs. Atherton of the 19th, Reaves of the 124th and Kreeger of the 21st: A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, which has been codified as Code Chapter 92-29, so as to change the license tag fees for passenger cars, motorcycles and certain trailers; and for other purposes. HB 1567. By Mr. Rush of the 104th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to clarify provisions of the Act and other laws regarding Sunday closing; and for other purposes. HB 1568. By Mr. Rush of the 104th: A Bill to be entitled an Act to repeal an Act to provide that in all municipalities of this State having a population of 400,000 or more wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours; and for other purposes. HB 1569. By Mr. Rush of the 104th: A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisoners, public works camps and prisons, so as to provide that it shall be unlawful for any warden, guard, corrections officer or other person to order, direct or request certain inmates to participate in or supervise their participation in the recapture of certain ojcap^'l inmates; and for other purposes. MONDAY, JANUARY 28, 1974 679 HB 1570. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend an Act creating a board of commissioners for Habersham County, so as to change the provisions relative to the compensation of the members of said board; and for other purposes. HB 1571. By Messrs. Colwell of the 4th, Bennett of the 124th, Twiggs of the 4th, Sweat of the 125th, Rush of the 104th, Reaves of the 124th, Rogers of the 128th, Whitmire of the 9th, Brantley of the 92nd and Patten of the 124th: A Bill to be entitled an Act to amend an Act entitled the "Minimum Foundation Program of Education Act", so as to provide that the minimum foundation program of education offered to "isolated schools" shall meet at least the minimum requirements and standards provided by the State Board of Education for public schools; and for other purposes. HB 1572. By Messrs. Berlin of the 89th, Snow of the 1st: A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to create a new Code Chapter 24-47, relating to the transfer of justices and judges by consent; to provide for the service of Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, judges of the State courts, judges of the juvenile courts and justices emeritus and judges emeritus of the various courts in other courts within this State upon request and with their consent; and for other purposes. HB 1573. By Messrs. Morgan of the 70th, Snow of the 1st, Bennett of the 124th, Karrh of the 91st, Groover of the 75th, Dean of the 60th, Lambert of the 97th, and King of the 85th: A Bill to be entitled an Act to amend Code Section 26-1302, relating to the crime of aggravated assault, so as to provide a penalty for the commission of the crime with the intent to commit certain other crimes; and for other purposes. HB 1574. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act placing the Ordinary of Carroll County upon an annual salary so as to change the compensation of the Ordinary; and for other purposes. HB 1575. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Carroll County, so as to change the compensation of the Tax Commissioner; and for other purposes. 5SO JOURNAL OF THE HOUSE, HB 1576. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act establishing a new charter for the City of Carrollton. . .", by changing the term of office of the Mayor and four councilmen to four years; the creation of four separate posts for the office of Councilmen and the requirement that each person offering for election as Councilman of the City of Carrollton shall designate the post that he or she seeks to fill; and for other purposes. HB 1577. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to extend the corporate city limits of the City of Carrollton so as to include the property encompassed by the Industrial Park of Carrollton Payroll Development Authority situated in Land Lots 189 and 190 of the 10th District of Carroll County, which said Industrial Park is more particularly shown on a plat which appears in Plat Book 8, page 18, of Carroll County, Public Records; and for other purposes. HB 1578. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Carroll County upon an annual salary, so as to change the compensation of the Sheriff; and for other purposes. HB 1579. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to provide for a board of elections in certain counties (population not less than 45,000 and not more than 50,000; and for other purposes. HB 1580. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Carroll County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court; and for other purposes. HB 1581. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge of said court; and for other purposes. HB 1582. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act creating the Office of Commissioner of Carroll County, so as to change the compensation and allow- MONDAY, JANUARY 28, 1974 581 ances to the Commissioner; and for other purposes. HB 1583. By Mr. Davis of the 85th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance of, suspension and revocation of motor vehicle driver licenses, so as to increase the minimum age required of applicants for certain licenses; to provide for certain exceptions for those applicants who have completed certain courses given in driver education; and for other purposes. HB 1584. By Messrs. Ware of the 65th, Gignilliat of the 105th, Wall of the 61st, Hays of the 1st, Collins of the 45th, Dean of the 17th, Pearce of the 87th, Berry of the 86th, Russell of the 62nd, Russell of the 53rd, Wood of the 9th and others: A Bill to be entitled an Act to amend an Act creating the Georgia Higher Education Assistance Authority, so as to authorize the Authority to establish and administer a program of student incentive scholarships; to provide for veterans priority in the incentive scholarship program; and for other purposes. HB 1585. By Messrs. Miles of the 79th, Mulherin of the 81st, Dent of the 78th and Connell of the 80th: A Bill to be entitled an Act to authorize the collection and payment of certain taxes on tangible property, other than motor vehicles, in certain counties and municipalities, in installments; and for other purposes. HB 1586. By Mr. Pearce of the 87th: A Bill to be entitled an Act to amend an Act known as the "Georgia Private Detective and Private Security Agencies Act", so as to provide that the provisions of this Act shall not apply to certain financial institutions or their employees; and for other purposes. HB 1587. By Messrs. Smith of the 42nd, Milford of the 13th, Adams of the 36th and Brown of the 89th: A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to eliminate the requirement that the deposit required under this Act shall not be less than the amount of damages claimed; to provide that no deposit shall be required in the case of a discharge in bankruptcy; and for other purposes. HB 1588. By Messrs. Smith of the 42nd, Milford of the 13th, Adams of the 36th and Brown of the 89th: A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to delineate 582 JOURNAL OF THE HOUSE, the matters which may be considered by the superior court or an appeal from a decision rendered by the Commissioner; and for other purposes. HB 1589. By Mr. Townsend of the 24th: A Bill to be entitled an Act relative to unlawful discrimination practices; to provide for a declaration of policy; and for other purposes. HB 1590. By Mr. Greer of the 43rd: A Bill to be entitled an Act to authorize the State or any county, municipality or other political subdivision to defer an employee's compensation; to authorize the State or any county, municipality or other political subdivision to use such deferred compensation to provide a tax deferred compensation plan for such employee; and for other purposes. HB 1591. By Messrs. Connell of the 80th and Floyd of the 5th: A Bill to be entitled an Act to amend an Act known as the "Georgia State Financing and Investment Commission Act", so as to provide for reimbursement to the Commission for certain services; to authorize the use of investment income for the payment of operating expenses of the Commission; and for other purposes. HB 1592. By Messrs. McDonald of the 12th, Coleman of the 102nd and Burton of the 47th: A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Georgia Firemen's Pension Fund, so as to provide that the assets of said Board of Trustees, whether in the form of cash, securities or real property, shall be deemed to be public property and exempt from any and all taxation whether imposed by the State or by any county, municipality or other political subdivision of the State; and for other purposes. HB 1593. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, Pearce of the 87th, Gignilliat of the 105th, Hill of the 110th, Evans of the 89th and Connell of the 80th : A Bill to be entitled an Act to provide that any county or municipal corporation presently or hereafter operating a public golf course and offering for retail sale food or drink as an incident thereto, may, in its discretion, also sell at retail as an incident to the operation of such golf course, malt beverages by the drink, or may refuse to sell malt beverages; and for other purposes. HB 1594. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize the State Board of Education to change certain definitions relative to the school year and school month under certain emergency conditions; and for other purposes. MONDAY, JANUARY 28, 1974 583 HB 1595. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to amend Code Section 32-1005, relating to bonds of county school superintendents, so as to make said Code Section applicable to both county and independent school superintendents; and for other purposes. HB 1596. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to amend an Act requiring the State Revenue Commissioner to examine the tax digests of th eseveral counties for the purpose of ascertaining whether the violation of the various classes of property in the respective counties is uniform, so as to provide for adjustment of millage rate by boards of education; and for other purposes. HB 1597. By Mr. Busbee of the 114th: A Bill to be entitled an Act to amend the Natural Resources Act of 1973, so as to authorize the State of Georgia to make grants, as funds are available; to authorize the State of Georgia to enter into leases of real and personal property under certain circumstances; and for other purposes. HB 1598. By Mr. Busbee of the 114th: A Bill to be entitled an Act to amend an Act limiting certain appearances and practices before the State Board of Pardons and Paroles to licensed attorneys, so as to prohibit any member of the legislative branch of government or any employee thereof from appearing or practicing before the State Board of Pardons and Paroles; and for other purposes. HB 1599. By Messrs. Russell of the 53rd, Ware of the 65th, Bostick of the 123rd and Snow of the 1st: A Bill to be entitled an Act to authorize qualified attorneys who are on active military duty in this State and who are not otherwise eligible to practice before the courts of the State under certain conditions; and for other purposes. HB 1600. By Mr. Noble of the 48th: A Bill to be entitled an Act to amend Code Section 26-2802, relating to cruelty to animals, so as to prohibit the sale or distribution of baby chicks, other fowl, rabbits, turtles and other nondomestic animals and reptiles as pets or novelties; and for other purposes. HB 1601. By Messrs. Wood of the 9th, Ware of the 65th and Lewis of the 77th: A Bill to be entitled an Act to amend an Act providing for additional points for certain applicants taking examinations given by any examining board or commission whose records are maintained by the Joint-Secretary, State Examining Boards, so as to provide for additional classes of applicants; and for other purposes. 584 JOURNAL OF THE HOUSE, HB 1602. By Messrs. Gignilliat of the 105th, Triplett of the lllth, Sweat of the 25th, Jones of the 109th, Alien of the 108th and Colwell of the 4th: A Bill to be entitled an Act to amend an Act known as the "Georgia Ports Authority Act", so as to remove the maximum rate of 5% per annum interest on the issuance of revenue bonds; and for other purposes. HB 1603. By Messrs. Smith of the 74th, Smith of the 42nd and Adams of the 36th: A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide that a replacement certificate of title, rather than a duplicate certificate of title, will be issued when the original has been lost, stolen, mutilated, or destroyed, or becomes illegible; and for other purposes. HB 1604. By Messrs. Smith of the 74th, Smith of the 42nd and Adams of the 36th: A Bill to be entitled an Act to amend the "Motor Vehicle Certificate of Title Act", so as to eliminate the necessity of furnishing a non-negotiable copy of a certificate of title; and for other purposes. HR 521-1604. By Mr. Townsend of the 24th: A Resolution compensating Aetna Life and Casualty Company; and for other purposes. HR 522-1604. By Messrs. Roach, Harris and Thomason of the 8th: A Resolution designating a certain portion of Georgia Highway 140 as "Reinhardt Parkway"; and for other purposes. HR 523-1604. By Messrs. Bohannon and Patterson of the 64th: A Resolution proposing an amendment to the Constitution so as to provide that the homestead of residents of the City of Bowden who are 65 years of age or over and have limited incomes shall be granted a homestead exemption of $6,000 from all ad valorem taxation by said city; and for other purposes. HR 524-1604. By Messrs. Bohannon and Patterson of the 64th: A Resolution proposing an amendment to the Constitution so as to provide that no pardon, commutation or remission of any sentence shall be granted by the State Board of Pardons and Paroles without the concurrence of the judge who imposed the original sentence or his successor's concurrence; . and for other purposes. HR 525-1604. By Messrs. Jones of the 109th and Alien of the 108th: A Resolution proposing an amendment to the Constitution so as to provide that railroad retirement or disability benefits shall not be included in MONDAY, JANUARY 28, 1974 585 income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000; and for other purposes. HB 1605. By Mr. Irvin of the 23rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Roswell, so as to change the corporate limits of said city; and for other purposes. HB 1606. By Messrs. Murphy of the 18th, Burruss of the 21st, Floyd of the 5th, Lane of the 76th, Busbee of the 114th, Adams of the 14th, Phillips of the 103rd, Atherton of the 19th and Kreeger of the 21st: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of certain members of the Department of Public Safety; and for other purposes. HB 1607. By Messrs. Johnson of the 68th, Bray of the 66th, Morgan of the 70th, Bailey of the 68th, Lee of the 68th, Knight of the 65th, Levitas of the 50th, Carlisle of the 67th, Oxford of the 101st, Larsen of the 27th, Hawes of the 43rd and others: A Bill to be entitled an Act to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to change the time within which a hearing shall be conducted in the event a child is not in detention; and for other purposes. HB 1608. By Mr. Evans of the 89th: A Bill to be entitled an Act to amend Code Chapter 88-31, relating to ambulance service, so as to change the length of the period for which provisional licenses may be issued; and for other purposes. HB 1609. By Mr. Bennett of the 124th: A Bill to be entitled an Act to define and regulate the profession of court reporting; to require a certificate of proficiency for each court reporter practicing in the State of Georgia; to create a State Board of Court Reporting and define its powers; to prescribe examination, certification and regulation of such court reporters; to waive examination under specified conditions; and for other purposes. HR 536-1609. By Mr. Evans of the 89th: A Resolution creating the Ambulance Service Study Committee; and for other purposes. HB 1610. By Mr. Levitas of the 50th: A Bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to limit the amount 586 JOURNAL OP THE HOUSE, of retail sales and use tax proceeds that may be used to subsidize operations of the transportation system; and for other purposes. SR 264. By Senators Henderson of the 33rd, Gillis of the 20th, London of the 50th and others: A Resolution pertaining to standard time; to urgently request the members of the Georgia Congressional Delegation to immediately seek adoption of legislation exempting the State of Georgia from daylight savings time; and for other purposes. SB 330. By Senator Lester of the 23rd: A Bill to be entitled an Act comprehensively to govern the treatment of alcoholism and intoxication; to confer necessary powers in the Department of Human Resources to plan, establish, and maintain programs and facilities for treatment of alcoholism and intoxication; and for other purposes. SB 494. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend Code Section 26-2907 relating to exemptions from provisions of Code Section 26-2901 relating to carrying a concealed weapon, Code Section 26-2902 relating to the carrying of deadly weapons at public gatherings, Code Section 26-2903 relating to carrying pistols without licenses, and Code Section 26-2906 relating to machine guns; and for other purposes. SB 439. By Senator Brown of the 47th: A Bill to be entitled an Act to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, so as to change the definition of the term "private passenger automobile"; and for other purposes. 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 of the House and has instructed me to report same back to the House with the following recommendations: HB 1070. Do Pass, by Substitute. HB 1395. Do Pass, as Amended. Respectfully submitted, Dorminy of the 115th, Chairman. MONDAY, JANUARY 28, 1974 587 Mr. Levitas of the BOth District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Resolution of the House and has instructed me to report same back to the House with the following recommendations: HR 516-1556. Do Pass. HB 1462. Do Pass. HB 1538. Do Pass. HB 1539. Do Pass. HB 1548. Do Pass. HB 1549. Do Pass. HB 1550. Do Pass. HB 1551. Do Pass. HB 1552. 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 1462. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A Bill to be entitled an Act to provide expenses for the members of the Board of Education of Clayton County; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1538. By Messrs. Grantham and Wheeler of the 127th: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other 588 JOURNAL OF THE HOUSE, emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; 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 1539. By Messrs. Wheeler and Grantham of the 127th: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, approved April 10, 1968 (Ga. Laws 1968, p. 3542) as amended, so as to change the compensation provisions relating to the tax commissioner; to provide for personnel to assist the tax commissioner; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1548. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others: A Bill to be entitled an Act to amend the charter of Columbus, Georgia, so as to provide that a councilman or mayor resigning his position as such councilman or mayor prior to qualifying for election to an elective office may be eligible to serve in such new elective office; 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 1549. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others: A Bill to be entitled an Act to amend an Act creating the Medical Center MONDAY, JANUARY 28, 1974 589 Board of Commissioners, approved April 4, 1963 (Ga. Laws 1963, p. 2916), as amended, so as to increase the board membership of the Medical Center to fifteen (15) persons; to delete the requirement that members must be freeholders; to establish the time of appointment of such members and their terms of office; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1550. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, and others: A Bill to be entitled an Act to amend the Charter of Columbus, Georgia, so as to provide that contractual claims must be presented within twelve (12) months after they accrue; 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 1551. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others: A Bill to be entitled an Act to amend the charter of Columbus, Georgia, so as to establish the date of the organizational meeting of the council following an election and the term of office of the mayor pro tern; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, as 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 1552. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others: A Bill to be entitled an Act to amend the charter of Columbus, Georgia, 590 JOURNAL OF THE HOUSE, so as to make ordinances, the violation of which are criminal in nature, effective ten (10) days after they have been signed by the mayor and returned by the clerk; to provide for the effective date or certain ordinances; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 516-1556. By Messrs. Knight, Mullinax and Ware of the 65th: A RESOLUTION Proposing an amendment to the Constitution so as to designate the Board of Water, Sewerage and Light Commissioners of the City of Newnan as the sole operational governing authority for the utility systems of the City of Newnan; to grant operational powers to said Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end of that paragraph added thereto by an amendment ratified in the 1972 General Election and proposed by a Resolution approved April 5, 1972 (Ga. Laws 1972, p. 1410), the following: "Notwithstanding anything in this paragraph to the contrary, the Board of Water, Sewerage and Light Commissioners of the City of Newnan shall have complete and sole control and management of the water, sewerage and light works of the City of Newnan independent of the Mayor and Board of Aldermen of said City; shall have the power and authority to make and enter into contracts; shall have the power and authority to charge the citizens of Newnan, and all other persons, firms, corporations or governmental or other entities, such sums as they may deem just and proper for the use of said utilities; shall have power and authority to make all rules and regulations as in their discretion are necessary or proper for the management and control of the water, sewerage and lights of said City of Newnan; shall have power to enforce said rules and regulations by refusing to supply, or to discontinue the supply to any person, firm, corporation, or government or other entity who fails or refuses to comply with said rules and regulations; and shall have the power and authority to perform all acts that may in the opinion of said Board be necessary or proper for the operation and maintenance of said utility systems." MONDAY, JANUARY 28, 1974 591 Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to designate the Board of Water, Sewerage and Light Commissioners of the City of Newnan as the sole operational ( ) NO body for the utility systems of said City, and to grant to said Board full and complete operational powers and authority over said systems?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D., Jr. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Berlin Berry Bohannon Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Cole Coleman Collins, M. Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Horton, G. T. Horton, W. L. 592 Howard Howell Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Jordan Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald JOURNAL OF THE HOUSE, Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt 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. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason 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 not voting were Messrs.: Adams, J. H. Adams, John Alien Beckham Bennett Blackshear Bond Bostick Bray Brown, B. D. Burton Chance Clark Coney Daugherty Dollar Ployd, J. H. Hill, B. L. Hill, G. Irvin, R. Jones Matthews, D. R. McCracken McKinney Odom Patten, G. C. Toles Mr. Speaker On the adoption of the Resolution, the ayes were 152, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: MONDAY, JANUARY 28, 1974 593 Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the House, and Senate, to-wit: HB 1259. By Mr. Odom of the 114th and others: A Bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, so as to change the salary of the sheriff of Dougherty County; and for other purposes. HB 1278. By Mr. Patten of the 124th: A Bill to amend an Act incorporating the City of Lakeland so as to change the provisions relating to the election of the mayor and alderman of the City of Lakeland; and for other purposes. HB 743. By Mr. Ritchie of the llth: A Bill to amend an Act incorporating the City of Cornelia, so as to change the compensation of the mayor and the commissioners; and for other purposes. SB 487. By Senator Salter of the 17th: A Bill to amend an Act creating a new charter for the City of Plovilla, approved Mar. 30, 1970 so as to change certain of the provisions thereof pertaining to the prosecuting officer of the city court; to provide the procedures connected therewith; and for other purposes. HB 644. By Mr. Floyd of the 5th: A Bill to amend an Act creating the Claims Advisory Board, so as to change the provisions relating to the time when a resolution may be introduced and recommendations made thereon by the Board; and for other purposes. SB 450. By Senator Kidd of the 25th: A Bill to require certain reflective materials upon certain bicycles; to provide penalties; to repeal certain specific provisions of conflicting laws; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit: 594 JOURNAL OF THE HOUSE, HB 76. By Messrs. Brown, Dickey and Berlin of the 89th: A Bill to amend Code Section 27-2506, relating to how misdemeanors shall be punished, so as to provide for alternative and additional punishments for misdemeanors and city ordinances involving traffic offenses; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House, to-wit: SR 294. By Senator Cleland of the 55th: A Resolution relative to the high professional standards, the conscientious programming and the continuing community service rendered by WRASFM of Atlanta; and for other purposes. SR 296. By Senators Henderson of the 33rd, Langford of the 51st, Doss of the 52nd and others: A Resolution requesting the Board of Regents of the University System of Georgia to elevate Kennesaw Junior College to the status of a four-year college within the University System; and for other purposes. SR 301. By Senators Coggin of the 35th and Rowan of the 8th: A Resolution urging Congress to repeal the Professional Standard Review Organization Law; and for other purposes. HR 504. By Mr. Alexander of the 38th: A Resolution commending Dr. Waldo W. E. Blanchet; and for other purposes. HR 527. By Messrs. Snow and Hays of the 1st, Murphy of the 18th, and Lewis of the 77th: A Resolution extending congratulations on the birth of Anna Louise Abney; and for other purposes. HR 528. By Messrs. Patten of the 124th, Greer of the 43rd and others: A Resolution honoring the Reverend John W. Harrell, Sr.; and for other purposes. HR 530. By Messrs. Adams of the 36th, Stephens of the 37th, Brantley of the 22nd and others: A Resolution honoring Charles H. Leftwich; and for other purposes. MONDAY, JANUARY 28, 1974 595 By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 450. By Senator Kidd of the 25th: A Bill to be entitled an Act to require certain reflective materials upon certain bicycles; to provide penalties; and for other purposes. Referred to the Committee on Judiciary. SB 487. By Senator Salter of the 17th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Flovilla, so as to change certain of the provisions thereof pertaining to the prosecuting officer of the city court; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. Mr. Greer of the 43rd arose to a point of personal privilege and addressed the House. Mr. Greer of the 43rd moved that the following Bill of the House be taken from the table: HB 566. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend Code Chapter 34-6, relating to the registration of electors, so as to provide for the registration of electors by mail; to provide for the form of registration cards for use by applicants for registration by mail; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D., Jr. Alexander, W. H. Atherton Bailey Bond Brown, B. D. Brown, S. P. Coney Connell Daugherty Davis, E. T. Dean, Gib Dent Dickey Dixon Duke Greer Hamilton Harden Harris, J. F. Harris, J. R. Hatcher Hawes . Horton, G. T. 596 Johnson Keyton King Kreeger Lambert Lane, Dick Larsen, W. W. Lee Levitas Mason JOURNAL OF THE HOUSE, McKinney Moyer Mulherin Mullinax Nix Northcutt Odom Phillips, G. S. Reaves Ritchie Roach Russell, J. Shanahan Sweat Thomason Thompson Tucker Vaughn Walker Wall Those voting in the negative were Messrs.: Adams, J. H. Alexander, W. M. Alien Beckham Berlin Berry Bohannon Buck Burton Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Colwell Davis, W. Dorminy Edwards Egan Elliott Ellis Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Groover Harrington Harrison Hays Hill, G. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Jones Karrh Lane, W. J. Lewis Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Milford Nessmith Noble Oxford Patten, R. L. Paterson Petro Pinkston Rainey Rogers Rush Sams Savage Shepherd Smith, J. R. Smith, V. B. Stephens Triplett Turner Waddle Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, M. L. Those not voting were Messrs.: Adams, John Adams, Marvin Bennett Blackshear Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Burruss Busbee Chance Dean, J. E. Dean, N. Dollar Evans Ezzard Farrar Geisinger Hill, B. L. Horton, W. L. Howell Jordan Knight Larsen, G. K. Marcus McCracken Miles Morgan Patten, G. C. MONDAY, JANUARY 28, 1974 597 Pearce Peters Phillips, L. L. Ross Russell, W. B. Snow Strickland Toles Townsend Twiggs Ware Willis Wilson, J. M. Wood Mr. Speaker On the motion to take HB 566 from the table, the ayes were 54, nays 81. The motion was lost. Mr. Stephens of the 37th stated that he had inadvertently voted "nay" on the motion and had intended to vote "aye". Mr. Lambert of the 97th moved that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on Judiciary for further study: HB 1555. By Messrs. Morgan of the 70th, Tucker of the 69th, Snow of the 1st, Lambert of the 97th and others: A Bill to be entitled an Act to create the Prosecuting Attorneys' Council of the State of Georgia; to provide for the membership of the council, their qualifications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities; to provide for a method of filling vacancies; to provide for meetings of the council; to repeal conflicting laws; and for other purposes. The motion prevailed and HB 1555 was recommitted to the Committee on Judiciary. Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 924. By Mr. Berlin of the 89th: A Bill to be entitled an Act to amend Code Section 27-2506, relating to the punishment of misdemeanor offenses, so as to provide that a judge in his discretion may allow sentences of six months or less to be served on weekends; and for other purposes. The following Committee amendment was read and adopted: 598 JOURNAL OP THE HOUSE, The Judiciary Committee amends HB 924 as follows: Line 16 page 1: By deleting all language beginning with "A weekend term shall commence at six A.M. Saturday morning ......" and inserting in lieu thereof "A weekend shall commence and shall end in the discretion of the sentencing judge, provided however, that the judge shall retain plenary control of the prisoner at all times during said sentence period." The following amendment was read and adopted: Mr. Berlin of the 89th moves to amend HB 924 as follows: Line 6 page 3: By deleting all language beginning with "A weekend term shall commence at six A.M. Saturday morning . . . ." through and including, "will be released." and inserting in lieu thereof: "A weekend shall commence and shall end in the discretion of the sentencing judge, provided however, that the judge shall retain plenary control of the prisoner at all times during said sentence period." 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. Bailey Berlin Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Edwards Elliott Evans Ezzard Parrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Grahl Grantham Greer Groover Harden Harrington Harris, J. P. Harrison Hatcher Hawes Hays Horton, G. T. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Karrh Keyton King Knight Lane, Dick Larsen, G. K. Lee Levitas Lewis Logan Lowrey Marcus Matthews, C. McDaniell McKinney MONDAY, JANUARY 28, 1974 599 Miles Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Tucker Turner Twiggs Vaughn Waddle Walker Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Alien Atherton Beckham Chance Collins, S. Duke Foster Gignilliat Hill, G. Howard Kreeger Mauldin McDonald Milford Rainey Wall Wilson, J. M. Those not voting were Messrs.: Alexander, W. M. Bennett Berry Blackshear Bray Brown, S. P. Burruss Dean, Gib Dollar Egan Ellis Hamilton Harris, J. R. Hill, B. L. Jones Jordan Lambert Lane, W. J. Larsen, W. W. Mason Matthews, D. R. McCracken Phillips, G. S. Shepherd Triplett Ware Mr. Speaker On the passage of the Bill, as amended, the ayes were 13G, nays 17. 600 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1266. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend Code Chapter 34-8, relating to dates of primaries and elections and to special elections, so as to limit the number of polls that must be open in certain special elections; and for other purposes. The following amendments were read and adopted: Mr. Adams of the 14th moves to amend HB 1266 by inserting a new sentence following the word "seat" on line 16, page 1, to read as follows: "Special elections to be held in a militia district shall be held in that district only." Mr. Sweat of the 125th moves to amend HB 1266 by adding at the end of sentence on line 16: "Provided, that wherever a regular polling place exists 25 miles or more from the county seat, said polling place shall remain open." 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. Bailey Beckham Berlin 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. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Edwards Elliott Evans Ezzard Parrar Ployd, J. H. Ployd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Jordan Karrh Keyton King Knight Kreeger Lane, Dick MONDAY, JANUARY 28, 1974 601 Lane, W. J. Larsen, W. W. Lee 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 Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Savage Shanahan Smith, J. R. Smith, V. B. Snow Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs.: Castleberry Daugherty Fraser Hill, G. Larsen, G. K. Sams Stephens Those not voting were Messrs.: Alien Atherton Bennett Berry Blackshear Bond Bray Brown, S. P. Dollar Duke Egan Ellis Hawes Bill, B. L. Irvin, R. Jones Lambert McCracken Pearce Shepherd Thomason Town send Vaughn Mr. Speaker On the passage of the Bill, as amended, the ayes were 150, nays 7. 602 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1350. By Messrs. Wheeler and Grantham of the 122nd, Matthews of the 122nd and others: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to exempt farm trailers with two or more wheels, and which do not weigh over 4,000 pounds when empty, from being equipped with an independent braking system; 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., Jr. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Vy; -y Bohannon Bond Brantley, H. H. I mtley, 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, V. . Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Edwards Egan Elliott Ellis Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Key ton King Knight MONDAY, JANUARY 28, 1974 603 Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Beckham Blackshear Bostick Coney Dickey Dollar Evans Ezzard Geisinger Horton, W. L. McCracken Noble Petro Russell, W. B. Triplett Mr. Speaker On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 77-251. By Mr. Roach of the 8th: A RESOLUTION To ratify the Equal Rights Amendment to the United States Constitution; and for other purposes. WHEREAS, the 92nd Congress of the United States of America at its second Session, in both Houses, by a Constitutional majority of two-thirds thereof, adopted the following proposition to amend the Con- 604 JOURNAL OF THE HOUSE, stitution of the United States of America in the following words, to wit: "JOINT RESOLUTION "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), that the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as a part of the Constitution when ratified by the Legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress: "ARTICLE "Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. "Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. "Section 3. This Amendment shall take effect two years after the date of ratification." NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the above proposed amendment to the Constitution of the United States of America is hereby ratified. BE IT FURTHER RESOLVED that the Secretary of State is hereby directed to transmit a certified copy of this resolution to the Administrator of General Services, Washington, D. C., to the President of the United States Senate, and to the Speaker of the United States House of Representatives. By unanimous consent, further consideration of HR 77-251 was postponed until the afternoon session. The Speaker announced the House recessed until 1:35, P.M., this day. MONDAY, JANUARY 28, 1974 605 AFTERNOON SESSION The Speaker called the House to order. Under the general order of business, the following Resolution of the House was again taken up for consideration: HR 77-251. By Mr. Roach of the 8th: A Resolution to ratify the Equal Rights Amendment to the United States Constitution; and for other purposes. On the adoption of the Resolution, which had been reported out of the Committee on Special Judiciary without recommendation, 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 Bond Bostick Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Clark Cole Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dent Dixon Egan Evans Ezzard Parrar Foster Greer Hamilton Harden Harris, J. R. Hill, B. L. Horton, G. T. Horton, W. L. Lane, Dick Larsen, G. K. Lee Levitas Logan Marcus Mason Matthews, C. McKinney Miles Morgan Mulherin Pearce Petro Rainey Ritchie Roach Rogers Russell, J. Russell, W. B. Sams Shepherd Stephens Sweat Thompson Townsend Tucker Vaughn Waddle Wall Wamble Whitmire Williams Wood Those voting in the negative were Messrs.: Adams, G. D., Jr. Adams, John Adams, Marvin Alien Beckham Bennett 606 Berry Bohannon Brantley, H. H. Brantley, H. L. Bray Burton Carr Carrell Castleberry Chance Coleman Collins, M. Collins, S. Colwell Coney Davis, W. Dean, N. Dickey Dorminy Duke Edwards Elliott Ellis Floyd, J. H. Ployd, L. R. Eraser Geisinger Gignilliat Grahl Grantham Groover Harrington Harris, J. F, JOURNAL OP THE HOUSE, Harrison Hatcher Hawes Hayes Hill, G. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lambert Lane, W. J. Larsen, W. W. Lewis Lowrey Matthews, D. R. Mauldin McDaniell McDonald Milford Moyer Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L. Ross Rush Savage Shanahan Smith, J. R. Smith, V. B. Snow Strickland Thomason Toles Triplett Turner Twiggs Walker Ware Wheeler, Bobby Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L. Those not voting were Messrs.: Blackshear Dollar McCracken Pinkston Reaves Mr. Speaker On the adoption of the Resolution, the ayes were 70, nays 104. The Resolution, having failed to receive the requisite two-thirds constitutional majority, was lost. Accompanied by Mr. Lucio Brandao Alves de Souza, Director General of the Chamber, Dr. Paulo Alfonso Martins de Oliveira, Secretary General of the Presidency of the Chamber and Mr. Harlie Cordeiro E. Silver, Honorary Brazilian Consul for Atlanta, the Honorable Flavio Portela Marcilio, President of the Chamber of Deputies of the Country of Brazil appeared upon the floor of the House and MONDAY, JANUARY 28, 1974 607 addressed the members thereof, after which he presented a medal commemorating the 150th anniversary of the Congress of Brazil to the Speaker of the House. The following; communication was received from the Honorable Ben W. Fortson, Jr., Secretary of State: SECRETARY OF STATE State Capitol Atlanta 30334 January 28, 1974 Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of January 25, 1974, being numbers 168 through 208, in accordance with Act No. 1294, Georgia Laws 1970. With best wishes, I am Sincerely your friend, Enclosure (Seal) Is/ Ben W. Fortson, Jr. Secretary of State STATE OF GEORGIA Office of Secretary of State I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify that the three pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 168 through 208), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1974 Session of the Georgia General Assembly as of Friday, January 25, 1974, in accordance with Act No. 1294, Georgia Laws 1970. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 28th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-four and of the Independence of the United States of America the One Hundred and Ninety-eighth. /s/ Ben W. Fortson, Jr. Secretary of State. 608 JOURNAL OP THE HOUSE, 168. F. P. Lindsey, Jr. Georgia Bankers Association 1420 William Oliver Building Atlanta, Georgia 30303 169. Julia Dyar Georgia Press Association 1075 Spring Street, N. W. Atlanta, Georgia 30309 170. Jan Berry League of Women Voters 5033 Theresa Court Tucker, Georgia 30084 171. John Langsfeld Association of County Commissioners of Georgia 1124 Carnegie Building Atlanta, Georgia 30303 172. Jim Whipkey Georgia Bankers Association 1420 William Oliver Building Atlanta, Georgia 30303' 173. William T. Hughes, Jr. ' Registered Agent Bell & Stanton Interstate Paper Corp. 2061 Peachtree Center Bldg. Atlanta, Georgia 30303 174. John D. Milne Minnesota Mining & Mfg. Co. 5925 Peachtree Ind. Blvd. Chamblee, Georgia 30341 175. Stewart Huey Registered Agent Building Owners and Managers of Atlanta Georgia State Association of Life Underwriters Georgia Subcontractors, Inc. 2200 Park Lake Drive Atlanta, Georgia 30345 176. Jane Smith Burson Registered Agent Concerned Citizens of St. Simons Alcohol Abuse Self Mental Health 4220 Club Drive, N. E. Atlanta, Georgia 30319 177. Curtis S. Martin, Jr. Georgia Electric Membership Corp. 205 Berry Street Cornelia, Georgia 30531 MONDAY, JANUARY 28, 1974 609 178. Mary Lou Keener Georgia Nurses Association 2598 Addison Drive Doraville, Georgia 30340 179. William M. Bates Registered Agent Bell and Stanton Interstate Paper Corp. 2016 Peachtree Center Building Atlanta, Georgia 30303 180. Diane L. Ragsdale Common Cause 2195 Brookview Drive, N. W. Atlanta, Georgia 30318 181. H. E. Reagan Automobile Dealers Retail Merchants 14-A-10 Atlanta Merchandise Mart Atlanta, Georgia 30303 182. James A. White, Jr. Registered Agent Home Builders Assn. of Ga. Ga. Industrial Loan Assn. Ga. Assn. of Mineral Producing Industries 2769 Church Street East Point, Georgia 30344 183. John B. Chapman Atlanta Board of Realtors 231 Healey Building Atlanta, Georgia 30303 184. Linda B. Markwell Fulton County Association of Educators 1323 Surrey Lane Marietta, Georgia 30060 185. Roy B. Culbreth Georgia Dairy Products Assn. 5980 New Peachtree Road Suite 110 Atlanta, Georgia 30340 186. Clyde E. Rauschenbach Photographers 3224 Peachtree Road, N. W. Atlanta, Georgia 30305 187. Thelma J. Turley League of Women Voters of Ga. 3974 Lithia Way Lithia Springs, Ga. 30057 188. L. Cecil Turner Registered Agent The People 610 JOURNAL OF THE HOUSE, Political Subdivisions of Georgia 1779 Merton Road, N. E. Atlanta, Georgia 30306 189. W. T. McDaniel ITT Rayonier 436 Ivy Street Jesup, Georgia 31545 190. Charles L. Carnes Fulton County Governing Auth. 6370 Crestline Valley Circle, N. E. Atlanta, Georgia 30328 191. Murphy M. Holloway, Jr. Georgia Bankers Assn. Trust Affairs Section P. O. Drawer 4418 Atlanta, Georgia 30303 192. Marie McGlaun Georgia School Food Service Assoc. 2917 Edgewood Road Columbus, Georgia 31906 193. Ernest Vandiver Northeast Georgia Bank Lavonia, Georgia 30553 194. John Gill Northeast Georgia Bank Lavonia, Georgia 30553 195. Jason B. Gilliland Life Insurance Co. of Ga. Life of Georgia Tower Atlanta, Georgia 30308 196. Dorothy W. Gibson Georgia Commission on the Status of Women 1646 Mt. Paran Rd., N. W. Atlanta, Georgia 30327 197. Jeanne Cahill Georgia Commission on the Status of Women 4141 Orchard Lake, N. W. Atlanta, Georgia 30339 198. Erica Bohm Common Cause 3060 Pharr Court, N. W. Atlanta, Georgia 30305 199. Jay Bowman Georgia Right to Life Comm. P. O. Box 49211 Atlanta, Georgia 30329 200. Mrs. Eva C. Galambos Georgia Municipal Assn. MONDAY, JANUARY 28, 1974 611 10 Pryor Street Building Atlanta, Georgia 30303 201. Ben D. Harris Georgia Home Builders Assn. 3050 Acorn Road Augusta, Georgia 30906 202. Robert E. Lee Garner Derik Finnell & Commodity Masters, Inc. 4000 First National Bank Bldg. Atlanta, Georgia 30303 203. Glenn Anthony Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 204. Kent Lawrence Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30303 205. Tom Rhodes American Premium Group 4000 First National Bank Bldg. Atlanta, Georgia 30303 206. Thomas C. Gilliland Self 400 First National Bank Bldg. Atlanta, Georgia 30303 207. Jack K. Callaway AARP, Peachtree-Piedmont Chapter 403 535 Old Ivy Road, N. E. Atlanta, Georgia 30342 208. A. R. Frank Georgia Tire Dealers and Retreaders Association 4116 Manson Avenue Smyrna, Georgia 30080 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 announced the House adjourned until 9:30 o'clock, tomorrow morning. 612 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Tuesday, January 29, 1974 The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker Pro Tempore. Prayer was offered by the Reverend O. C. Hardrick, Presiding Elder of the Valdosta District of the African Methodist Episcopal Churches. By unanimous consent, the call of the roll was dispensed with. Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1635. By Mr. Shanahan of the 7th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Calhoun, so as to define the corporate limits of said TUESDAY, JANUARY 29, 1974 613 City; to delete certain provisions relative to the annexation of territory ; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1636. By Mr. Lane of the 40th: A Bill to be entitled an Act to require certain swimming pools to be surrounded by fences or barriers; to provide for a definition; to designate certain unfenced swimming pools as dangerous instrumentalities for purposes of application of the doctrine of attractive nuisance; and for other purposes. Referred to the Committee on Recreation. HB 1637. By Mr. Coleman of the 102nd: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that the Commissioner of Public Safety shall formulate and prescribe tests, examinations, procedures, rules and regulations under which licenses to operate motor vehicles shall be granted; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1638. By Messrs. Cole and Foster of the 6th and Turner of the 3rd: A Bill to be entitled an Act to amend an Act fixing the salaries of the judges of the superior courts, so as to change the provisions relating to salaries and compensation of secretaries for judges of the superior courts and district attorneys; and for other purposes. Referred to the Committee on Special Judiciary. HB 1639. By Messrs. Cole and Poster of the 6th and Turner of the 3rd: A Bill to be entitled an Act to add one additional judge to the Superior Courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment of the first additional judge by the Governor; and for other purposes. Referred to the Committee on Special Judiciary. HB 1640. By Messrs. Hudson of the 115th and Noble of the 48th: A Bill to be entitled an Act to require local public school systems to provide married students, pregnant students and students who are parents with educational instruction which is equivalent and similar to the instruction given regular students; to provide that such instruction may be in special classes; and for other purposes. Referred to the Committee on Education. 614 JOURNAL OF THE HOUSE, HB 1641. By Mr. Levitas of the 50th: A Bill to be entitled an Act to prohibit conflicts of interest for members and certain employees of the legislative branch of government; to establish a code of ethics for public employees; to provide for advisory opinions; to provide for complaints; to provide for dismissals; and for other purposes. Referred to the Committee on State of Republic. HB 1642. By Messrs. Smith of the 74th, Adams of the 36th and Jessup of the 102nd: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the requirements for members of the Uniform Division of the Department of Public Safety; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1643. By Messrs. Smith of the 74th, Adams of the 36th and Jessup of the 102nd: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to clarify and review the law governing the suspension, revocation, cancellation and reinstatement of driver's licenses; to provide for suspensions and revocations upon conviction, forfeiture upon conviction, forfeiture of bond or plea of guilty or nola contendere to certain offenses; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1644. By Messrs. Buck of the 87th, Davis of the 85th, Adams of the 84th, Thompson and Berry of the 86th, King of the 85th and Pearce of the 87th: A Bill to be entitled an Act to amend an Act providing for alternative times for making tax returns in all counties of this State having a population of not less than 170,000 nor more than 200,000, which are authorized by law or constitutional amendment to operate a joint tax receiving or tax assessing program with any other political subdivision, so as to change the population figures and the census contained therein; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1645. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend Code Title 34, known as the "Georgia Election Code", so as to add a new Code Chapter relating to political campaign finance; to provide definitions; to provide limitations on campaign expenditures; to provide for maximum contributions TUESDAY, JANUARY 29, 1974 615 by individuals and organizations to election campaigns; to provide for the appointment of a campaign treasurer; and for other purposes. Referred to the Committee on State of Republic. HB 1646. By Messrs. Hudson, Dorminy and Rainey of the 115th: A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla, so as to provide that aldermen must resign from office prior to qualifying as candidates for the office of mayor of the City of Ocilla under certain conditions; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1647. By Messrs. Adams of the 14th, Toles of the 16th and Lowrey of the 15th: A Bill to be entitled an Act to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize certain special police forces to operate motor vehicles with flashing or revolving blue lights; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1648. By Messrs. Alien of the 108th, Gignilliat of the 105th, Ellis of the 107th, Triplett of the lllth, Blackshear of the 106th, Jones of the 109th, Chance of the 112th and Hill of the 110th: 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; to regulate taxation in areas added to the corporate limits; to provide for a referendum; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1649. By Messrs. Rush of the 104th and Brantley of the 92nd: A Bill to be entitled an Act to amend an Act establishing the State Court of Tattnall County (formerly the City Court of Reidsville), so as to change the salary of the judge of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1650. By Messrs. Rush of the 104th and Brantley of the 92nd: A Bill to be entitled an Act to amend an Act establishing the State Court of Tattnall County (formerly the City Court of Reidsville), so as 616 JOURNAL OF THE HOUSE, to change the title and compensation of the solicitor of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HR 543-1650. By Messrs. Buck of the 87th, Berry of the 86th and Ware of the 65th: A Resolution compensating Sergeant Lee Blanchard; and for other purposes. Referred to the Committee on Appropriations. HR 544-1650. By Mr. Milford of the 13th: A Resolution compensating Mr. Tommy Highland; and for other purposes. Referred to the Committee on Appropriations. HR 545-1650. By Mr. Milford of the 13th: A Resolution compensating Mr. Frank D. Vickery; and for other purposes. Referred to the Committee on Appropriations. HR 546-1650. By Messrs. Cole and Foster of the 6th: A Resolution authorizing and directing the State Librarian to furnish certain law books to the judge of the Superior Court of the Conasauga Judicial Circuit; and for other purposes. Referred to the Committee on Special Judiciary. HB 1651. By Messrs. Jordan of the 58th, Farrar of the 52nd, Harris of the 51st, Levitas of the 50th and Russell of the 53rd: A Bill to be entitled an Act to amend an Act known as the "Junior College Act of 1958", so as to change the provisions relative to payments by the Board of Regents to certain local operating authorities; and for other purposes. Referred to the Committee on University System of Georgia. HB 1652. By Messrs. Davis of the 85th, Morgan of the 70th, Shanahan of the 7th, Colwell of the 4th, Rainey of the 115th and Castleberry of the 96th: A Bill to be entitled an Act to prohibit the sale or offering for sale of TUESDAY, JANUARY 29, 1974 617 certain fuel saving devices within the State of Georgia without obtaining a permit therefor; to provide for definitions; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1653. By Messrs. Harrington of the 93rd, Wilson of the 94th, Murphy of the 18th, Ployd of the 5th, Harris of the 8th, Lane of the 76th, Lee of the 68th, Buck of the 87th, Ware of the 65th, Mauldin of the 13th and others: A Bill to be entitled an Act to provide that it shall be unlawful for any director of any department or agency of State Government or any other officer who exercises overall supervision of any department, board, bureau, commission, agency, or instrumentality of State Government which receives appropriations from State funds to fail or refuse to expend any funds appropriated by the General Assembly in accordance with the lawful direction of the General Assembly contained within said appropriations; and for other purposes. Referred to the Committee on Appropriations. HB 1654. By Messrs. Bennett, Patten and Reaves of the 124th: A Bill to be entitled an Act to amend an Act incorporating the Town of Dasher, so as to provide powers for the Town Council relative to levy and collection of ad valorem taxes; to require the use of the Lowndes County Tax Assessor's property valuation for levying taxes; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HR 547-1654. By Messrs. Coleman of the 102nd and Wheeler of the 127th, Mrs. Hamilton of the 31st, Messrs. Lewis of the 77th, Ware of the 65th, Howell of the 118th, Hays of the 1st, Rush of the 104th and others: A Resolution directing the State Department of Education and the Georgia Educational Television Network to cooperate in the preparation of a film of an address by the Honorable Ben W. Fortson, Jr. to a joint session of the General Assembly of Georgia; and for other purposes. Referred to the Committee on Education. HB 1655. By Mr. Groover of the 75th: A Bill to be entitled an Act to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, so as to change the name of the police court of said city; to provide for a recorder of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. 618 JOURNAL OF THE HOUSE, HB 1656. By Messrs. Whitmire, Williams and Wood of the 9th: A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, as amended, particularly by House Bill 1302 adopted at the 1974 regular session of the General Assembly, so as to change the provisions relative to certain Representative Districts (District 9) ; and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. HB 1657. By Mr. Greer of the 43rd: A Bill to be entitled an Act to provide that confidential or privileged medical matter which constitutes a record, or part thereof, kept by a health care facility or physician, does not lose its confidential or privileged character when disclosed in certain circumstances; and for other purposes. Referred to the Committee on Health and Ecology. HB 1658. By Messrs. Murphy of the 18th, Floyd of the 5th and Levitas of the 50th: A Bill to be entitled an Act to provide State assistance for planned growth and development in the State; to provide a short title; to amend an Act known as the "Executive Reorganization Act of 1972", so as to prescribe the function of the Office of Planning and Budget in relation to planned growth and development; to provide the powers and duties of the Office of Planning and Budget in carrying out such functions; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1659. By Messrs. Smith of the 74th, Jessup and Coleman of the 102nd, Rainey of the 115th, Adams of the 36th, Smith of the 42nd and Adams of the 74th: A Bill to be entitled an Act to provide that the Governor of Georgia may by Executive Order from time to time increase the maximum weight, load, axle load, wheel load, width, length or height or combinations of motor vehicles operating in Georgia until the adjournment of the Session of the General Assembly which convenes next after the effective date of such Executive Order; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1660. By Messrs. Smith of the 74th, Jessup and Coleman of the 102nd, Rainey of the 115th, Adams of the 36th, Smith of the 42nd and Adams of the 74th: A Bill to be entitled an Act to amend Code Section 95A-961, relating to the issuance of permits allowing motor vehicles to exceed the weight, width, length or height limitations imposed by law, so as to provide TUESDAY, JANUARY 29, 1974 619 that such permits may be issued for motor vehicles which are transporting loads which can be dismantled; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1661. By Mr. Larsen of the 27th: A Bill to be entitled an Act to amend Code Section 59-203, relating to the manner of drawing grand jurors and the number of names that may be drawn, so as to increase from 36 to 60 the maximum number of names that may be drawn; and for other purposes. Referred to the Committee on Judiciary. HB 1662. By Mr. Willis of the 119th: A Bill to be entitled an Act to amend an Act placing the sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relative to the sheriff's duties and other employees; 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 1611. By Messrs. Collins of the 45th and Horton of the 56th: A Bill to be entitled an Act to amend Code Title 30, relating to divorce and alimony, so as to substantially revise, modernize and supersede the laws relating to alimony and the payment of support; to change the provisions relating to the transfer of property after a suit for divorce has been filed; to change the definition of the term alimony; and for other purposes. HB 1612. By Mr. Bray of the 66th: A Bill to be entitled an Act to amend an Act incorporating the City of Manchester, so as to remove certain territory from the corporate limits of the said city; and for other purposes. HB 1613. By Messrs. Northcutt of the 68th, Adams of the 14th, Carrell of the 71st and Wheeler of the 13th: A Bill to be entitled an Act to provide for the submission and approval of annual budgets for the office of the sheriff in each county; to provide for the content of a proposed budget; to require the sheriff to furnish relevant and appropriate information; and for other purposes. 620 JOURNAL OF THE HOUSE, HB 1614. By Messrs. Ellis of the 107th, Smith of the 74th and Atherton of the 19th: A Bill to be entitled an Act to provide definitions; to provide for a declaration of purpose; to create a Motor Vehicle Commission; to provide for the licensing of motor vehicle manufacturers, factory branches and divisions, factory representatives, distributors, distribution branches and divisions, distribution representatives, wholesalers, wholesaler's branches and divisions; and for other purposes. HB 1615. By Mr. Howell of the 118th: A Bill to be entitled an Act to amend Code Section 34-1002A relating to presidential preference primary dates, so as to establish a procedure for the selection of that date upon which presidential preference primaries shall be held and for other purposes. HB 1616. By Mr. Harrington of the 93rd: A Bill to be entitled an Act to amend an Act known as the "Executive Reorganization Act of 1972", so as to permit the Commissioner of the Department of Human Resources to delegate powers and authority conferred on him to employees of the Department; and for other purposes. HB 1617. By Messrs. Lewis and McCracken of the 77th, Lane and Nessmith of the 76th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Burke County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. HB 1618. By Messrs. Bennett of the 124th and Savage of the 30th: A Bill to be entitled an Act comprehensively and exhaustively to revise, supersede, and modernize procedure for a review of assessments made by county boards of tax assessors, so as to clarify qualifications of members and alternate members of county boards of equalization; and for other purposes. HB 1619. By Mr. Horton of the 43rd: A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta now Criminal Court of Pulton County, so as to provide for an additional judge for said court; and for other purposes. HB 1620. By Mr. Greer of the 43rd: A Bill to be entitled an Act to fix the salary of the Solicitor-General of the Criminal Court of Pulton County; and for other purposes. TUESDAY, JANUARY 29, 1974 621 HB 1621. By Mr. Larsen of the 102nd: A Bill to be entitled an Act to amend Code Section 113-1005, relating to the return of appraisers of the estate for year's support purposes, so as to authorize the possessor of any claim, whether arising ex contractu, ex delicto or otherwise, to file a caveat to the return of the appraisers; and for other purposes. HB 1622. By Messrs. McDonald of the 12th and Murphy of the 18th: A Bill to be entitled an Act to amend an Act providing for the registration of trademarks, so as to change the provisions relating to registration of trademarks or service marks and grounds for refusal; and for other purposes. HB 1623. By Mr. King of the 85th: A Bill to be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", so as to require that certain records pertaining to persons under the influence of intoxicating liquor or drugs shall be preserved for a certain period of time; and for other purposes. HB 1624. By Mr. King of the 85th: A Bill to be entitled an Act to amend an Act providing grants to citizens who are students attending private colleges or universities in this State, so as to change the definition of the term "eligible student"; and for other purposes. HB 1625. By Mr. Hill of the 41st: A Bill to be entitled an Act to amend an Act reincorporating the City of Atlanta in the counties of Fulton and DeKalb affecting all that tract or parcel of land lying and being in the 14th District of formerly Fayette, now Fulton County; and for other purposes. HB 1626. By Messrs. Jones of the 109th, Colwell of the 4th, Chance of the 112th, Alien of the 108th, Ellis of the 107th, Gignilliat of the 105th, Triplett of the lllth, Blackshear of the 106th, Hill of the 110th, Toles of the 16th and others: A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners, so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be served; and for other purposes. 622 JOURNAL OF THE HOUSE, HB 1627. By Mr. Buck of the 87th: A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide that the knowing conversion of funds deducted and withheld pursuant to said Act with the intention to deprive the State of said funds shall be a felony; and for other purposes. HB 1628. By Mr. Buck of the 87th: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the knowing conversion of funds collected from another pursuant to said Act with the intention to deprive the State of such funds shall be a felony; and for other purposes. HB 1629. By Mr. Dean of the 60th: A Bill to be entitled an Act to amend an Act providing the precautions to be taken in proximity of high-voltage electric lines, so as to define for the purposes of said Act the term "person or persons responsible for the work to be done"; and for other purposes. HB 1630. By Messrs. Davis of the 56th, Burton of the 47th, Jordan of the 58th, Harris of the 51st, Collins of the 45th, Dean of the 54th, Geisinger of the 44th, Levitas of the 50th and others: A Bill to be entitled an Act to amend Code Section 34-1218, relating to the installation, custody and number of vote recorders, so as to change the minimum number of vote recorders which shall be required in each polling place using vote recorders; and for other purposes. HB 1631. By Mr. Hill of the 110th: A Bill to be entitled an Act to amend an Act recreating and reestablishing the Georgia Commission for the National Bicentennial Celebration, so as to increase the number of at-large members of the Commission; and for other purposes. HB 1632. By Messrs. Edwards of the 95th, Carrell of the 71st, Adams of the 14th and Roach of the 8th: A Bill to be entitled an Act to prohibit certain deceptive advertising and sales practices or techniques in connection with the sale of beef, pork or lamb; and for other purposes. HB 1633. By Messrs. Busbee, Hutchinson, Hatcher and Odom of the 114th: A Bill to be entitled an Act to provide for an additional Judge of the TUESDAY, JANUARY 29, 1974 623 Superior Court of the Dougherty Judicial Circuit; to provide for the appointment of the first additional Judge by the Governor; and for other purposes. HR 537-1633. By Mr. Larsen of the 27th: A Resolution authorizing and directing the Secretary of State to return a portrait of Mr. Francis Robert Goulding to Mr. Randolph Goulding; and for other purposes. HR 538-1633. By Mr. Bostick of the 123rd: A Resolution compensating Mrs. M. O. Lindsey; and for other purposes. HR 539-1633. By Mr. Bostick of the 123rd: A Resolution compensating Mr. John C. Edmonson, Jr.; and for other purposes. HB 1634. By Messrs. Brown of the 89th and Bostick of the 123rd: A Bill to be entitled an Act to exempt from ad valorem taxation certain harvested agricultural products; and for other purposes. HR 540-1634. By Messrs. Brown of the 89th and Bostick of the 123rd: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from ad valorem taxation certain harvested agricultural products; and for other purposes. HR 541-1634. By Mr. Brown of the 89th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from ad valorem taxation certain harvested agricultural products held in Bibb County; and for other purposes. HR 542-1634. By Messrs. Busbee of the 114th and Murphy of the 18th: A Resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1974; and for other purposes. 624 JOURNAL OP THE HOUSE, SB 450. By Senator Kidd of the 25th: A Bill to be entitled an Act to require certain reflective materials upon certain bicycles; to provide penalties; and for other purposes. SB 487. By Senator Salter of the 17th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Flovilla, so as to change certain of the provisions thereof pertaining to the prosecuting officer of the city court; and for other purposes. Mr. Farrar of the 52nd District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations: HB 1504. Do Pass. HB 1594. Do Pass. HB 1595. Do Pass. SB 276. Do Not Pass. Respectfully submitted, Farrar of the 52nd 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 Bill of the House and has instructed me to report same back to the House with the following recommendation: HB 1431. Do Pass. Respectfully submitted, Vince Moyer of the 99th Secretary. TUESDAY, JANUARY 29, 1974 625 Mr. Snow of the 1st District, Chairman of the Committee, on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1330. Do Pass, as amended. HB 1445. Do Not Pass. HB 1506. Do Pass. HB 205. Do Pass, by substitute. Respectfully submitted, Snow of the 1st Chairman. Mr. Brantley of the 92nd District, Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report: Mr. Speaker: Your Committee on Legislation & Congressional Reapportionment 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 477. Do Pass. HB 1302. Do Pass, by substitute. HR 238-942. Do Not Pass. Respectfully submitted, Brantley of the 92nd Chairman. Mr. Rairiey of the 115th District, Chairman of the Committee on Recreation, submitted the following report: Mr. Speaker: Your Committee on Recreation has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following; recommendation: HB 1471. Do Pass. Respectfully submitted, Rainey of the 115th Chairman. 626 JOURNAL OF THE HOUSE, Mr. Levitas of the 50th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs (Local Legislation) 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 1561. Do Pass. HB 1570. Do Pass. HB 1574. Do Pass. HB 1575. Do Pass. HB 1576. Do Pass. HB 1577. Do Pass. HB 1578. Do Pass. HB 1579. Do Pass. HB 1580. Do Pass. HB 1581. Do Pass. HB 1582. Do Pass. Respectfully submitted, Levitas of the 50th Chairman. Mr. Howell of the 118th District, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the following Resolution of the Senate and has instructed me to report same back to the House with the following recommendation: SR 32. Do Not Pass. Respectfully submitted, Howell of the 118th Chairman. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: TUESDAY, JANUARY 29, 1974 627 HB 1561. By Messrs. McCracken and Lewis of the 77th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, as amended, so as to change the method of election of councilmen to a post system and to require a majority vote; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1570. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Habersham County, as amended, so as to change the provisions relative to 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1574. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act placing the Ordinary of Carroll County upon an annual salary, so as to change the compensation of the Ordinary; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majortiy, was passed. 628 JOURNAL OF THE HOUSE, HB 1575. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act creating the Office of the Tax Commissioner of Carroll County, as amended, so as to change the compensation of the Tax Commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1576. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Carrollton, as amended, by changing the term of office of the mayor and four councilmen to four years; the creation of four separate posts for the office of councilmen; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1577. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to extend the corporate limits of the City of Carrollton; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, JANUARY 29, 1974 629 HB 1578. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Carroll County upon an annual salary, so as to change the compensation of the Sheriff; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1579. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to provide for a board of elections in certain counties; to define the powers and duties concerning primaries and elections; and for other pui'poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1580. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Carroll County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 630 JOURNAL OF THE HOUSE, HB 1581. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act establishing the State Court of Carroll County, as amended, so as to change the compensation of the judge of said court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1582. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Carroll County, so as to change the compensation and allowances of the Commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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 437. By Senator Smalley of the 28th: A Bill to provide for substitution of certain notes and securities for amounts retained by the State, any political subdivision, or any municipality from partial payments made under the terms of a construction contract; to provide appropriate procedures; to authorize agreement for custodial care and servicing; to provide for disposition of accrued interest; and for other purposes. TUESDAY, JANUARY 29, 1974 631 SB 441. By Senator Holloway of the 12th: A Bill to require the recording of the Ayes and Nays upon each and every vote taken by each House of the General Assembly on any bill or resolution fixing the compensation of any official, except county and municipal officials. SB 449. By Senator Kidd of the 25th: A Bill to amend Code Section 79A-9917, relating to penalties for violating certain criminal provisions of Title 79A for the Georgia Code, relating to pharmacists, pharmacy and drugs, as amended, so as to define the term "marijuana". SB 453. By Senators Howard of the 42nd and Ballard of the 45th: A Bill to provide for service by a judge emeritus of the superior court as a State Court judge in a county within his judicial circuit or an adjoining judicial circuit; to require a request by a judge of the State court for such service on the part of a judge emeritus of the superior court. HB 451. By Mr. Burton of the 47th: A Bill to amend Code Title 88, known as the "Georgia Health Code", so as to provide for public health regulation of sources of emission of ambient noise detrimental to public health or to the enjoyment of life or property. HB 951. By Messrs. Strickland and Harrison of the 110th A Bill to amend Code Chapter 84-907.1, relating to the medical licensure of aliens, so as to provide that aliens who have resided within the U.S. for at least 1 year and who have filed an application for permanent residency status shall be eligible to stand examination for a license to practice medicine. The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit: SR 302. By Senator Broun of the 46th: A Resolution congratulating the University of Georgia upon the 189th anniversary of the signing of its charter. The following Resolutions of the House and Senate were read and adopted: 632 JOURNAL OF THE HOUSE, HR 548. By Messrs. Brown of the 34th, Bond of the 32nd and Horton of the 43rd: A RESOLUTION Commending- the Honorable Marque Jackson, M.D.; and for other purposes. WHEREAS, the Honorable Marque Jackson, M. D., was born in 1901, in Anniston, Alabama, was the fifth of nine children in his family, is a graduate of Morehouse College and received a B. S. degree from the University of Chicago, where he also received his M. D. degree in 1928; and WHEREAS, after having served his internship at Cook County Hospital and having completed post graduate work at Children's Hospital, he has practiced medicine in Georgia for 43 years; and WHEREAS, he received the Pulton County award for service in World War II and received the Nash-Carter Award, which is presented by the Atlanta Medical Association, in 1974, and is a member of Boule, Alpha Phi Alpha, the Atlanta Medical Association and the National Medical Association. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize and commend the Honorable Marque Jackson, M. D., for his many outstanding years of dedicated service to the people of Georgia through the practice of medicine. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this resolution to the Honorable Marque Jackson, M. D. HR 549. By Messrs. Wilson and Atherton of the 19th, Nix of the 19th and others: A RESOLUTION Requesting the Board of Regents of the University System of Georgia to elevate Kennesaw Junior College to the status of a four-year college within the University System; and for other purposes. WHEREAS, Georgia is a great and growing State, which each year becomes the home and background of life and hope for more and more Americans; and WHEREAS, the Seventh Congressional District of Georgia, with particular reference to Cobb County, the State's second greatest growth area, does not have a four-year liberal arts college facility operated by the Board of Regents of the University System of the State of Georgia; and WHEREAS, Kennesaw Junior College is possessed of a campus and physical plant of such location, size, quality and modern construction as to TUESDAY, JANUARY 29, 1974 633 be easily adapted to the status of a four-year facility within the University System; and WHEREAS, a recent meeting between the Cobb County delegation to the Georgia General Assembly and the Board of Regents presented to the Regents the many facets of desirability for elevating Kennesaw Junior College to four-year status; and WHEREAS, The Honorable Jimmy Carter, Governor of Georgia, has indicated his willingness to assist in every way officially at his command in this undertaking; and WHEREAS, there exists no greater application of purpose and tax revenues on the part of the General Assembly of Georgia than the enrichment of the minds and future potential of its young citizenry in every part of the State and particularly where the need is so abundantly evident as is the case of need for a four-year University System unit in the Seventh Congressional District; and WHEREAS, there is every reason to believe that this proposed elevation of Kennesaw Junior College to four-year status will redound to the benefit of the entire State of Georgia for generations to come. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System is hereby called upon to take such official and budgetary action as may be necessary to elevate Kennesaw Junior College to a four-year status within the University System with all speed consonant with the orderly conduct of its business and the most fruitful achievement of its obligations and objectives. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Board of Regents of the University System of Georgia and to the President of Kennesaw Junior College. HR 550. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the Kith: A RESOLUTION Commending Mrs. Norma Lattimore; and for other purposes. WHEREAS, Mrs. Norma Lattimore of Rome, Georgia, has been named Georgia's Teacher of the Year for 1974; and WHEREAS, she was named "Teacher of the Year" at the December meeting of the Georgia Board of Education and honored at a dinner hosted by Southern Educators Life Insurance Company, co-sponsor of the Georgia Teacher of the Year Program; and WHEREAS, Mrs. Lattimore did her undergraduate work at the 634 JOURNAL OF THE HOUSE, University cf Oklahoma nn^ received a master's degree from the University of Georgia; and WHEREAS, Mrs. Lattimcre, a first grade teacher at North Heights Elementary School in Rome, feels that a first grade teacher has an opportunity to shape a person's life that will never be given to another teacher; and WHEREAS, she uses the British Infant Schools' approach to teaching and has had so much success with this "individual basis" teaching that the Rome School System has called on her for in-service instruction of other teachers; and WHEREAS, Mrs. Lattimore will compete for National Teacher of the Year which will he announced in February, followed by a ceremony at the White House. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and congratulate Mrs. Norma Lattimore of Rome, Georgia, for being- named Georgia's Teacher of the Year for 1974, and the members wish her every success in the national contest. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mrs. Norma Lattimore. HR 551. ^y Mr. Tolcs of the 16th: A RESOLUTION Commending Ronnie Ted Shiflett; and for other purposes. WHEREAS, Ronnie Ted Shiflett, a longtime resident of Floyd County, has evidenced his deep and abiding love for the State of Georgia by composing many beautiful poems extolling the virtues of this magnificent State; and WHEREAS, many of Mr. Shiflett's poems have been read to the members of the House of Representatives, both in the State of Georgia a.id to the Congress; and WHEREAS, it is only befitting and proper that recognition bo given to this outstanding citizen of the State of Georgia for his deep concern for his native State, and for the many beautiful lines which he has composed immortalizing the assets of this State. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and congratulate Ronnie Ted Shiflett, an outstanding and distinguished citizen of Floyd County, for his many outstanding contributions to his State and for TUESDAY, JANUARY 29, 1974 685 the composition of many beautiful poem? relative tr the virtues of this State. 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 Mr. Ronnie Ted Slrflett. HR 552. By Messrs. Matthews, Logan and Russell of the 62nd and Lewis of the 77th: A RESOLUTION Recognizing the anniversary of the granting of the Charter for the University of Georgia; and for other purposes. WHEREAS, prior to the ratification of the Constitution of the United States almost two centuries ago, foresighted Georgians recognized and acknowledged the importance of public education to a self-governing, self-reliant people; and WHEREAS, in 1785, the representative assembly of the people of Georgia saw fit to grant the first charter in the land for a public institution of higher education; and WHEREAS, this institution, the University of Georgia, has proved itself a faithful, resourceful partner in the progress of Georgia through the years since its doors first opened in 1801; and WHEREAS, the University of Georgia has contributed to the population of our townships and cities with teachers, doctors, lawyers, judges, journalists, pharmacists, bankers, farmers and various other business and professional persons who, through their talents, skills and experience, have paced the progress of our great State; and WHEREAS, this institution is also the alma mater of many who have moved into places of leadership far beyond the borders of uur beloved state, among them, the man who first discovered the effective use ')f ethei' as an anesthetic, the chemist whose research established the basis for billion dollar industries in naval stores and pulp and paper production, the physician who developed techniques for "blue baby" surgery, two of the three scientists present when the uranium atom was first split in %,e United States, and the first President of the International Bank for Reconstruction and Development; and WHEREAS, the University of Georgia has developed from a small, liberal arts college into a strong, complex institution uf 13 schools and colleges, with an able and distinguished faruky, and students enrolled from all 159 counties of the State and from 48 of hhe 50 States of the Union; and WHEREAS, the campus of the institution has been extended far beyond Athens to every community of Georgia through a vital and com- 636 JOURNAL OF THE HOUSE, prehensive program of continuing education, including the work of the Cooperative Extension Service; and WHEREAS, the resources of this institution are rich and varied in many instances rare or unique to better serve the needs of the more than 20,000 resident students and the countless individuals and institutions affected through continuing education; and WHEREAS, at no other time since January 27, 1785, have the resources, the functions, the purposes, the very presence of the University of Georgia been more requisite or desirable for the continuing welfare and progress of the Sovereign State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the period beginning January 28, 1974, and extending through February 2, 1974, shall be set aside as a period to mark the anniversary of the granting of the Charter for the University of Georgia. BE IT FURTHER RESOLVED that such week shall be designated as a period for celebrating the effective and successful partnership in progress between the University of Georgia and the State of Georgia. HR 553. By Messrs. Matthews, Logan and Russell of the 62nd: A RESOLUTION Congratulating The University of Georgia upon the 189th anniversary of the signing of its charter; and for other purposes. WHEREAS, The University of Georgia is the Nation's oldest chartered State University and has proved itself a faithful, resourceful partner in the progress of Georgia through the years; and WHEREAS, Alumni of The University of Georgia have contributed greatly to Georgia's well being, serving in the business and professional communities throughout our State; and WHEREAS, many alumni of The University of Georgia have served our Nation with distinction in several fields, including medicine, art, industry and government; and WHEREAS, during the days of January 28 - February 2, 1974, The University of Georgia will observe the 189th anniversary of the signing of its charter through special activities and exhibits; and WHEREAS, during the week of January 28 - February 2, 1974, these special activities and exhibits will be open at Lenox Square in the City of Atlanta and on the main campus of the University in the City of Athens. TUESDAY, JANUARY 29, 1974 637 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY of Georgia that this body congratulates The University of Georgia upon the 189th anniversary of the signing of its charter and urges all the citizens of Georgia to participate with the alumni of The University of Georgia in the special events and exhibits marking that anniversary. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the President and President of the Student Body of The University of Georgia. HR 554. By Mr. Moyer of the 88th: A RESOLUTION Congratulating the Warner Robins High School Demons; and for other purposes. WHEREAS, the Warner Robins High School Demons have just completed their first 10-0 season by winning their third consecutive Georgia AAA regional football championship; and WHEREAS, for the second consecutive year the Demons led their region in scoring, and, additionally, led in both team offense and team defense; and WHEREAS, the Demon squad consisted of Tim Long, Bob Rushing, Jimmy Walker, Rickey Durden, Bill Cross, Mike Wooten, Sam Gude, Alexander French, Henry Cain, Wayne Gentry, Mac McDaniel, Mike Koloski, Joe Spires, Bryan Teel, Steve Scogins, Steve Williams, Steve Farner, Lawrence Weldon, Freeman Colbert, Sammy Nelson, Bobby Collins, Eric Walker, Mark Dietz, Michael Jackson, Steve Taylor, Harry Wilson, Bill Glover, John Pagura, John Steele, Wayne Lambert, Chuck Easom, Jim Bogel, Brent Norris, Robert Bruckner, Bobby Simmons, Charlie Carter, Jeff Killingsworth, Lee Crenshaw, Alvin Hutchinson, Neshell Head, Eddie Borders, Mark Conley, Glen Wall, Steve Mitchell, Bill Roland, Bobby Waller, Joe Napier, Teddy Pollett, Eddie Smith, George Collins, Jimmy Yoho, Jimmy Poole, Randall Evans, and Robert Floyd; and WHEREAS, the Demons are ably coached by Robert Davis, Head Coach, Stan Gann, Lynn Hunnicutt, Richard Fendley, Ernest Davis and Doug Antley; managed by Alton Davis, John Jackson, Mike Logan and Ernest Brown; and doctored by Dr. W. G. Talbert, Jr. and Dr. Robert A. Carter; and WHEREAS, it is with the greatest pride with which these achievements are recited. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body extends its warmest congratula- 638 JOURNAL OP THE HOUSE, tions to the Warner Robins High School Demons on their outstanding football season. 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 each member of the Warner Robins High School Demons football team, to each member of the football coaching staff, to each of the team managers and doctors, and to the Warner Robins High School principal, Mr. Joseph E. Smith. HR 555. By Mr. Jordan of the 58th: A RESOLUTION Commending Miss Judith Lynn Nash; and for other purposes. WHEREAS, Miss Judith Lynn Nash has recently won the Georgia G.A.E. Spelling Bee; and WHEREAS, in achieving the State Championship she was in competition with thousands of other students across the State of Georgia, having won the Jolly Elementary School G.A.E. Spelling Bee, the DeKalb County G.A.E. Spelling Bee and the District G.A.E. Spelling Bee prior to competing in the State Bee, and she very ably and capably represented Georgia in the National Spelling Bee in Washington, D. C.; and WHEREAS, the outstanding accomplishments of Miss Nash can only be attributed to her outstanding scholastic ablities, her dedication and hard work, the influence of her teachers, and the support of her parents, Mr. and Mrs. Garland P. Nash. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize and commend Miss Judith Lynn Nash for her many outstanding accomplishments. 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 Miss Judith Lynn Nash and her parents. SR 302. By Senator Broun of the 46th: A RESOLUTION Congratulating The University of Georgia upon the 189th anniversary of its charter; and for other purposes. WHEREAS, The University of Georgia is the Nation's oldest chartered State University and has proved itself a faithful, resourceful partner in the progress of Georgia through the years; and TUESDAY, JANUARY 29, 1974 639 WHEREAS, Alumni of The University of Georgia have contributed greatly to Georgia's well being, serving in the business and professional communities throughout our State; and WHEREAS, many of the alumni of The University of Georgia Slave served our Nation with distinction in several fields, including medicine, art, industry and government; and WHEREAS, during the days of January 28 - February 2, 1974, The University of Georgia will observe the 189th anniversary of the signing of its charter through special activities and exhibits; and WHEREAS, during the week of January 28 - February 2, 1974, these special activities and exhibits will be open at Lenox Square in the City of Atlanta and on the main campus of the University in the City of Athens. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY of Georgia that this body congratulates The University of Georgia upon the 189th anniversary of the signing of its charter and urges all the citizens of Georgia to participate with the alumni of The University of Georgia in the special events and exhibits marking that anniversary. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to the President and President of the Student Body of The University of Georgia. Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time: HB 1418. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend Code Section 88-1816, relating to the payment of general obligations of hospital authorities, so as to authorize hospital authorities to issue obligations, other than revenue obligation certificates, having a term in excess of one year; and for other purposes. The report -of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton 640 Bailey Beckham Bennett Berlin Berry Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Castleberry Carr Chance Cole Coleman Colling, M. Collins, S. Colwell Coney Connell Davis, E: T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Edwards Evans Ezzard Floyd, L. R. Geisinger Grahl Grantham Greer Groover Harden Harrington JOURNAL OF THE HOUSE, Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Logan Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W.B. Sams Savage Shanahan Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Townsend Triplett Twiggs Vaughn Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those not voting were Messrs. : Adams, G. D. Adams, J. H. Blackshear Bostick Brown, S. P. Carrell Clark Daugherty Dickey Dollar Egan Elliott Ellis Farrar Floyd, J. H. Foster Fraser Gignilliat Hamilton Hill, G. Lambert Lane, Dick TUESDAY, JANUARY 29, 1974 641 McCracken McDonald Phillips, G. S. Pinkston Shepherd Smith, J. R. Toles Tucker Turner Wamble 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. HR 237-942. By Mr. Savage of the 30th: A RESOLUTION Proposing an amendment to the Constitution so as to repeal the provision declaring lobbying to be a crime and requiring' the General Assembly to enforce said provision by suitable penalties; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article I, Section II of the Constitution is hereby amended by striking Paragraph V, which reads as follows: "Paragraph V. Lobbying; Penalties. Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties.", in its entirety, and by renumbering Paragraph VI, relating to fraud and concealment of property, as Paragraph V. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: " ( ) YES Shall the Constitution be amended so as to repeal the ( ) NO provision declaring lobbying to be a crime and requiring the General Assembly to enforce said provision by suitable penalties?" 642 JOURNAL OP THE HOUSE, All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to provide by law for the regulation of lobbying; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Article I, Section II of the Constitution is hereby amended by striking Paragraph V, which reads as follows: "Paragraph V. Lobbying; Penalties. Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties.", and inserting in lieu thereof a new Paragraph V, to read as follows: "Paragraph V. Lobbying. The General Assembly shall be authorized to provide by law for the regulation of lobbying." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide that the General Assembly shall be authorized to provide by ( ) NO law for the regulation of lobbying?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, i'-as agreed to. TUESDAY, JANUARY 29, 1974 643 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Edwards Elliott Ellis Evans Ezzard Farrar Ployd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh King Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews Mauldin McCracken McKinney Miles Milford Morgan Moyer Mulherin Nix Noble Northcutt Odom Oxford Patterson Pearce Peters Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood, J. T. 644 JOURNAL OF THE HOUSE, Voting in the negative was Mr. Nessmith. Those not voting were Messrs.: Adams, G. D. Beckham Blackshear Bostiek Brantley, H. L. Carrell Collins, M. Daugherty Davis, E. T. Dean, Gib Dickey Dollar Egan Hamilton Keyton Knight Lane, Dick Matthews, D. R. McDaniell McDonald Mullinax Patten, G. C. Patten, R. L. Petro Phillips, G. S. Pinkston Thomason Wamble Ware Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 149, nays 1. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. HB 1419. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend Code Section 88-1802, relating to definitions used in the law regarding hospital authorities, as amended, so as to clarify the meaning of the term "project"; 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. Alexander, W. M. Alien Atherton Bennett Berlin Berry Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dent Dixon Dorminy Duke Edwards Elliott Ellis Evans Ezzard Farrar Ployd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson TUESDAY, JANUARY 29, 1974 645 Irvin, J. Irwin Jessup Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin Miles Milford Morgan Mulherin Mullinax Nessmith Nix Noble Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, L. L. Rainey Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W. B. Sams Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thomason 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. : Adams, G. D. Bailey Beckham Blackshear Bostick Brown, S. P. Buck Burruss Carrell Daugherty Dean, Gib Dean, N. Dickey Dollar Egan Hamilton Howard Howell Irvin, R. Lane, Dick Levitas Matthews, D. R. McCracken McDaniell McDonald McKinney Moyer Northcutt Odom Pearce Petro Phillips, G. S. Pinkston Roach Savage Smith, J. R. Strickland Townsend Wamble Wheeler, Bobby Wilson, J. M. Mr. Speaker On the passage of the Bill, the ayes were 138, nays 0. 646 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HR 445-1253. By Mr. Walker of the 100th: A RESOLUTION Proposing an amendment to the Constitution so as to change the name and designation of the office of Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VI, Section I, Paragraph I of the Constitution is hereby amended by striking from the first paragraph thereof the words, "Courts of Ordinary" and inserting in lieu thereof the words, "Probate Courts" so that when so amended the first paragraph of said Paragraph I shall read as follows: "Paragraph I. Court Enumerated. The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Probate Courts, Justices of the Peace, Notaries Public who are ex officio Justices of the Peace, and such other Courts as have been or may be established by law." Section 2. Article VI, Section VI of the Constitution is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Section VI to read as follows: "Section VI. Probate Courts Paragraph I. Probate Court; Judge of Probate Court. Appeals. The powers of a court of probate shall be vested in the Probate Court and the Judge of the Probate Court for each county, from whose decisions there may be an appeal, or by consent of the parties, without a decision, to the Superior Court under regulations prescribed by law. Paragraph II. Powers, (a) The Probate Courts shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law. (b) The Probate Courts shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws, and in all cases arising under TUESDAY, JANUARY 29, 1974 647 the Compulsory School Attendance Law in all counties of this State in which there is no State court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offenses arising under the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State within their respective jurisdictions. Paragraph III. Term of Office. The Judge of the Probate Court shall hold his office for a term of four years and until his successor is elected and qualified. Paragraph IV. Constitution and Statutes. Wherever the words 'Ordinary', or 'Ordinaries' or the words 'Court of Ordinary' or 'Courts of Ordinary' appear in this Constitution or in any statutes of this State, and such words refer to the county officer heretofore known and designated as the Ordinary or the court heretofore known and designated as the Court of Ordinary, such words are hereby striken and the words 'Judge of the Probate Court' or 'Judges of the Probate Courts' or the words 'Probate Court' or 'Probate Courts', respectively, are hereby inserted in lieu of such stricken words. The changing of the name of the Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively, shall not affect the status of any matter pending before any such officer or any such court at the time this Paragraph becomes effective, and any such matter may be continued or disposed of by the Judge of the Probate Court or by the Probate Court, as the case may be." Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: " ( ) YES Shall the Constitution be amended so as to change the name and designation of the office of Ordinary ( ) NO and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: 648 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 Beckham Berlin Bohannon Bond Bostick Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harrison Hatcher Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin,J. Irwin Jessup Johnson Jordan Karrh Keyton King Knight Kreeger Lambert Lane, W. J. Larsen, W. W. Lee Lewis Logan Lawrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Phillips, G. S. Phillips, L. L. Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Toles Triplett Tucker Turner Vaughn Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs.: Colwell Ellis Harris, J. R. Irvin, R. Larsen, G. K. Levitas Milford Rainey Thomason Thompson Twiggs TUESDAY, JANUARY 29, 1974 649 Those not voting were Messrs.: Alien Bennett Berry Blackshear Brantley, H. H. Brantley, H. L. Buck Daugherty Dean, Gib Dollar Egan Elliott Floyd, J. H. Hamilton Hawes Hill, G. Howell Jones Lane, Dick McCracken Pearce Peters Petro Pinkston Savage Shanahan Shepherd Townsend Wamble Mr. Speaker On the adoption of the Resolution, the ayes were 139, nays 11. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 76. By Messrs. Brown, Dickey and Berlin of the 89th: A Bill to be entitled an Act to amend Code Section 27-2506, relating to how misdemeanors shall be punished, so as to provide for alternative and additional punishments for misdemeanors and city ordinances involving traffic offenses; and for other purposes. The following Senate amendment was read: The Senate Committee on Judiciary offers the following amendment to HB 76: By deleting on page 2, subsection (b) of Section 1 and by renumbering subsections (c), (d), (e) and (f) as (b), (c), (d) and (e). Mr. Brown of the 89th moved that the House agree to the Senate amendment to HB 76. On the motion, the roll call was ordered and the vote as as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Atherton 650 Beckham Bennett Berry Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Coney Connell Davis, E. T. Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Evans Ezzard Floyd, J. H. Floyd, L. R. Foster Fraser Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. JOURNAL OF THE HOUSE, Harrison Hatcher Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jordan Karrh Keyton King Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Rush Russell, J. Sams Savage Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Town send 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.: Berlin Colwell Ross TUESDAY, JANUARY 29, 1974 651 Those not voting were Messrs.: Adams, Marvin Alien Bailey Blackshear Brantley, H. H. Burruss Coiling, M. Collins, S. Daugherty Davis, W. Dean, Gib Dollar Elliott Ellis Farrar Geisinger Gignilliat Groover Hamilton Hill, G. Jones Lane, Dick McCracken Miles Odom Patten, R. L. Petro Pinkston Russell, W. B. Shanahan Triplett Twiggs Mr. Speaker On the motion that the House agree to the Senate amendment to HB 76, the ayes were 144, nays 3. The motion prevailed and the Senate amendment to HB 76 was agreed to. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 70. By Messrs. Brown, Dickey, Berlin and Evans of the 89th: A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to change certain provisions requiring ordinaries, clerks of the superior courts and sheriffs of each county to procure and preserve certain newspapers in which advertisements appear; and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to amend Code Title 24, relating to courts, as amended, so as to change certain provisions requiring ordinaries, clerks of the superior courts, and sheriffs of each county to procure and preserve certain newspapers in which advertisements appear; 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. Code Title 24, relating to courts, as amended, is hereby amended by striking paragraph 9 of Code Section 24-1804, relating to the duties of the clerk of ordinary or the ordinary acting as such, as amended, in its entirety and inserting in lieu thereof a new paragraph 9, to read as follows: 652 JOURNAL OF THE HOUSE, "9. To procure and preserve, for public inspection, a complete file of all newspaper issues in which their advertisements actually appear. The issues of such newspapers so preserved shall be bound, microfilmed, photostated or photographed, and such newspapers, microfilm, photographs or photostatic copies shall be maintained within the county courthouse for a period of not less than 50 years, after which time such newspapers, microfilm, photographs or other photostatic copies may be donated to a library or historical society, with the concurrence of the Director of the Department of Archives and History, in the discretion of the ordinary. The ordinary is hereby authorized to enter into an agreement with either the clerk of the superior court or the sheriff of the county, or both, relative to the binding, retention, microfilming, photographing or photostating of such newspapers and their preservation and retention, in which event it shall be necessary that only one set of newspapers, or copies thereof, shall be retained in the county courthouse. Such set of newspapers, or copies thereof, shall include copies of the newspaper issues in which the ordinary's advertisements appear and the newspaper issues in which the advertisements which the clerk of the superior court or sheriff, or both, are required to preserve and retain appear. Such agreement shall specify the person who shall maintain and preserve such newspapers, microfilm, photographs or photostatic copies." Section 2. Said Code Title is further amended by striking paragraph 11 of Code Section 24-2715, relating to additional duties of clerks of superior courts, as amended, in its entirety and inserting in lieu thereof a new paragraph 11, to read as follows: "11. To procure and preserve, for public inspection, a complete file of all newspaper issues in which their advertisements actually appear. The issues of such newspapers so preserved shall be bound, microfilmed, photostated or photographed, and such newspapers, microfilm, photographs or photostatic copies shall be maintained within the county courthouse for a period of not less than 50 years, after which time such newspapers, microfilm, photographs or other photostatic copies may be destroyed, at the discretion of the clerk of the superior court. The clerk of the superior court is hereby authorized to enter into an agreement with either the ordinary or the sheriff of the county, or both, relative to the binding, retention, microfilming, photographing or photostating of such newspapers and their preservation and retention, in which event it shall be necessary that only one set of newspapers, or copies thereof, shall be retained in the county courthouse. Such set of newspapers, or copies thereof, shall include copies of the newspaper issues in which the clerk's advertisements appear and the newspaper issues in which the advertisements which the ordinary or sheriff, or both, are required to preserve and retain appear. Such agreement shall specify the person who shall maintain and preserve such newspapers, microfilm, photographs or photostatic copies." Section 3. Code Section 24-2813, relating to duties of sheriffs, is hereby amended by adding at the end of paragraph 3 of said Section the following: "The sheriff of each county is hereby authorized to enter into TUESDAY, JANUARY 29, 1974 653 agreements with the ordinary or the clerk of the superior court of the county, or both, relative to the retention of newspapers, or copies thereof.", so that when so amended, paragraph 3 of Code Section 24-2813 shall read as follows: "3. To publish sales, citations, and other proceedings as required by law, and to keep a file of all newspapers in which their official advertisements appear, in the manner required of clerks of the superior courts. The sheriff of each county is hereby authorized to enter into agreements with the ordinary or the clerk of the superior court of the county, or both, relative to the retention of newspapers, or copies thereof." Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Brown of the 89th moved that the House agree to the Senate substitute to HB 70. 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 Alexander, W. H. Alexander, W. M. Atherton Bailey Bennett Berlin Berry Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Evans Ezzard Floyd, J. H. Floyd, L. R. Poster Praser Gignilliat Grantham Greer Groover Harden Harrington Harris, J. P. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jordan 654 Karrh King Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith JOURNAL OF THE HOUSE, Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, G. S. Phillips, L. L. Reaves Ritchie Roach Rogers Ross Rush Russel, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Adams, Marvin Alien Beckham Blackshear Bostick Burruss Busbee Collins, S. Daugherty Dean, Gib Dollar Ellis Parrar Geisinger Grahl Hamilton Hill, G. Jones Keyton Lane, Dick Larsen, W. W. McCracken McKinney Peters Pinkston Rainey Smith, V. B. Townsend Mr. Speaker On the motion that the House agree to the Senate substitute to HB 70, the ayes were 151, nays 0. The motion prevailed and the Senate substitute to HB 70 was agreed to. The Speaker assumed the Chair. The following bill of the House was taken up for the purpose of considering the Senate's insistence upon its position in substituting the same: TUESDAY, JANUARY 29, 1974 655 HE 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. Mr. Greer of the 43rd moved that the House insist upon its position in disagreeing to the Senate substitute to HB 78 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. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey 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 Carrell Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Edwards Egan Elliott Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee 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 656 Patten, G. C. Patten, R. L. Patter son Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Rush Russell, J. JOURNAL OF THE HOUSE, Russell, W. B. Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner 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.: King Ross Sams Those not voting were Messrs.: Adams, J. H. Blackshear Castleberry Colwell Daugherty Dickey Dollar Ellis Floyd, J. H. Hamilton Hill, G. Keyton Lane, Dick Matthews, D. R. Pinkston Smith, J. R. Twiggs Vaughn Mr. Speaker On the motion, the ayes were 158, nays 3. The motion prevailed and the House insisted upon its position in disagreeing to the Senate substitute to HB 78. The Speaker appointed as a Committee of Conference on the part of the House the following members thereof: Messrs. Greer of the 43rd, McCracken of the 77th and Wilson of the 94th. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: TUESDAY, JANUARY 29, 1974 657 HB 455. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to be entitled an Act to provide for the licensing of transient merchants; to provide for the procedures therefor; and for other purposes. The following report of the Committee of Conference was read: Conference Committee report on HB 455. Mr. President: Mr. Speaker: Your Committee on Conference has had under consideration HB 455 and submit the following report: 1. That the Senate recede from its position on Senate Amendment No. 1. 2. That the House recede from its position on Senate Amendment No. 2. 3. That the House recede from its position on Senate Amendment No. 3. 4. That the following amendment be adopted: "By striking from Section 7 on Line 14, page 3: "Fund of the county where said license is issued.", and inserting in lieu thereof the following: "Funds of the State who will make adequate expense reimbursement to the local governing authority." Respectfully submitted, FOR THE SENATE /s/ Culver Kidd Culver Kidd Senator, 25th District /s/ W. Armstrong Smith W. Armstrong Smith Senator, 34th District /s/ Jack L. Stephens Jack L. Stephens Senator, 36th District FOR THE HOUSE /s/ Denmark Groover, Jr. Denmark Groover, Jr. Representative, 75th District /s/ Larry Walker Larry Walker Representative, 100th District is/ Joe Burton Joe Burton Representative, 47th District 658 JOURNAL OF THE HOUSE, Mr. Groover of the 75th moved that the report of the Committee of Conference be adopted. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan 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 Hatcher Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Jones Jordan Karrh Keyton Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Lee Levitas Lewis Logan Marcus Mason Matthews, C. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker TUESDAY, JANUARY 29, 1974 659 Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Atherton Blackshear Coleman Dollar Elliott Ellis Ezzard Hill, G. Irvin, R. King Lane, Dick Larsen, W. W. Lowrey Matthews, D. R. McCracken McKinney Phillips, G. S. Pinkston Ware Wheeler, Bobby Mr. Speaker On the motion, the ayes were 159, nays 0. The motion prevailed and the report of the Committee of Conference on HB 455 was adopted. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its Substitute and has appointed a Committee of Conference on the following Bills of the House, to-wit: 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 President has appointed on the part of the Senate the following Senators: Broun of the 46th, Zipperer of the 3rd, and Skene of the 27th. The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit: 660 JOURNAL OF THE HOUSE, SR 250. By Senator Dean of the 6th: A Resolution authorizing the conveyance of certain real property located in Wayne County, Georgia, and for other purposes. The following Bills of the Senate were read the first time and referred to the committees: SB 437 By Senator Smalley of the 28th: A Bill to be entitled an Act to provide for substitution of certain notes and securities for amounts retained by the State, any political subdivision, or any municipality from partial payments made under the terms of a construction contract; to provide appropriate procedures; and for other purposes. Referred to the Committee on Ways and Means. SB 441. By Senator Holloway of the 12th: A Bill to be entitled an Act to require the recording of the Ayes and Nays upon every vote taken by each House of the General Assembly on any bill or resolution fixing the compensation of any official, except county and municipal officials; and for other purposes. Referred to the Committee on Rules. SB 449. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend Code Section 79A-9917, relating to penalties for violating certain criminal provisions of Title 79A of the Georgia Code, relating to pharmacists, pharmacy and drugs, as amended, so as to define the term "marijuana"; and for other purposes. Referred to the Committee on Health and Ecology. SB 453. By Senators Howard of the 42nd and Ballard of the 45th: A Bill to be entitled an Act to provide for service by a judge emeritus of the superior court as a State court judge in a county within his judicial circuit or an adjoining judicial circuit; to require a request by a judge of the State court for such service on the part of a judge emeritus of the superior court; and for other purposes. Referred to the Committee on Special Judiciary. SR 250. By Senator Dean of the 6th: A Resolution authorizing the conveyance of certain real property located TUESDAY, JANUARY 29, 1974 661 in Wayne County; and for other purposes. Referred to the Committee on State Institutions & Property. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 1372. By Mr. Oxford of the 101st: A Bill to he entitled an Act to amend Code Title 92, relating to public revenue, so as to provide for refunds of taxes and license fees which have been erroneously or illegally assessed and collected by counties and municipalities or overpaid by taxpayers, whether paid voluntarily or involuntarily; and for other purposes. The following amendment was read and adopted: Mr. Oxford of the 101st moves to amend HB 1372 by inserting in line 26 of page 1 between the words "Georgia" and "or" the following: "or under the resolutions or ordinances of any county or municipality". 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 106, nays 3. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1395. By Messrs. Larsen of the 27th, Chance of the 112th, Irvin of the 23rd and others: A Bill to be entitled an Act to create an Environmental Education Advisory Council and to enable and direct the Department of Natural Resources, in conjunction with the Council, to develop a proposed Environmental Education Plan; and for other purposes. The following Committee amendment was read and adopted: The Committee on Natural Resources moves to amend HB 1395 as follows: By striking the word "and" on Line 18 of Page 2, and by striking the period on Line 20 of Page 2 and substituting in lieu thereof the following: 662 JOURNAL OF THE HOUSE, "; and". By inserting after subsection (i) of Section 3 the following: (j) The Chairman of the State Soil and Water Committee." And, by inserting after the word "State" in Line 4 of Page 3 the following: ", local". The following amendment was read and adopted: Mr. Groover of the 75th moves to amend HB 1395 by adding a new section to be appropriately numbered to read: "The plan submitted shall have no force and effect unless approved or approval as modified by the General Assembly in the same manner as the passage of general laws." 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, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Coney Connell Davis, E. T. Dean, Gib 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 Gignilliat Grahl Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hutchinson Irvin, R. Jessup Johnson Jordan Karrh Keyton Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. TUESDAY, JANUARY 29, 1974 663 Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Nessmith Nix Nohle Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Townsend Triplett Tucker Turner Vaughn Waddle Walker Wall W" amble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood Those voting in the negative were Messrs.: Colwell Grantham Hays Hudson Irvin, J. King Twiggs Those not voting were Messrs.: Adams, J. H. Adams, John Alien Blackshear Bray Brown, S. P. Buck Collins, M. Daugherty Davis, W. Dollar Ellis Hamilton Hill, G. Irwin Jones Knight Kreeger Lambert Lane, Dick McKinney Mullinax Pinkston Roach Strickland Thomasun Ware Wilson, M. L. Mr. Speaker On the passage of the Bill, as amended, the ayes were 144, nays 7. 664 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, as amended. HB 165. By Messrs. Busbee of the 114th, Pinkston of the 89th, Triplett of the lllth and others: A Bill to be entitled an Act to amend Code Chapter 13-2 relating to preliminary provisions relative to banks and banking, so as to change the provisions relative to bank holding companies; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to amend Code Chapter 13-2, relating to preliminary provisions relative to banks and banking, as amended, so as to define and redefine certain terms; to authorize the Commissioner of the Department of Banking and Finance to regulate the acquisition and control of stocks in banks and bank holding companies by bank holding companies and to prescribe the standards under which such regulation shall be exercised; to provide for registration with, and reports to, the Commissioner of the Department of Banking and Finance by bank holding companies; to limit the acquisition, holding or control of shares of certain banks; 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 GEORGIA: Section 1. Code Chapter 13-2, relating to preliminary provisions relative to banks and banking, as amended, is hereby amended by striking subsection (e) of Code Section 13-201.1, relating to other definitions, as amended, and inserting in lieu thereof a new subsection (e), to read as follows: "(e) The term 'bank holding company' as used in this Title means 'bank holding company' as defined in Code Section 13-207." Section 2. Said Code Chapter is further amended by striking Code Section 13-207, relating to bank holding companies, and inserting in lieu thereof a new Code Section 13-207, to read as follows: "13-207. Bank Holding Companies. (a) (1) Except as provided in paragraph (5) of this subsection, 'bank holding company' means any company which has control over any bank or over any company that is or becomes a bank holding company by virtue of this Chapter. (2) Any company has control over a bank or over any company if: TUESDAY, JANUARY 29, 1974 665 (A) the company directly or indirectly or acting through one or more other persons owns, controls, or has power to vote 25 per centum or more of any class of voting securities of the bank or company; (B) the company controls in any manner the election of a majority of the directors or trustees of the bank or company; or (C) the Commissioner determines, after notice and opportunity for hearing, that the company directly or indirectly exercises a controlling influence over the management or policies of the bank or company. (3) For the purposes of any proceeding under paragraph (2) (C) of this subsection, there is a presumption that any company which directly or indirectly owns, controls, or has power to vote less than five per centum of any class of voting securities of a given bank or company does not have control over that bank or company. (4) In any administrative or judicial proceeding under this Chapter, other than a proceeding under subparagraph (2) (C) of this subsection, a company may not be held to have had control over any given bank or company at any given time unless that company, at the time in question, directly or indirectly owned, controlled, or had power to vote five per centum or more of any class of voting securities of the bank or company, or had already been found to have control in a proceeding under paragraph (2) (C). (5) Notwithstanding any other provision of this subsection: (A) No bank and no company owning or controlling voting shares of a bank is a bank holding company by virtue of its ownership or control of shares in a fiduciary capacity, except as provided in paragraphs (2) and (3) of subsection (g) of this Section. For the purpose of the preceding sentence, bank shares shall not be deemed to have been acquired in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto; except that this limitation is applicable in the case of a bank or company acquiring such shares prior to July 1, 1974, only if the bank or company has the right consistent with its obligations under the instrument, agreement, or other arrangement establishing the fiduciary relationship to divest itself of such voting right and fails to exercise that right to divest within a reasonable period not to exceed one year after July 1, 1974. (B) No company is a bank holding company by virtue of its ownership or control of shares acquired in securing or collecting a debt previously contracted in good faith, until two years after the date of acouisition. (6) For the purposes of this Title, any successor to a bank holding company shall be deemed to be a bank holding company from the date on which the predecessor company became a bank holding company. 666 JOURNAL OF THE HOUSE, (b) 'Company' means any corporation, partnership, business trust, association, or similar organization, or any other trust unless by its terms it must terminate within twenty-five years or not later than twenty-one years and ten months after the death of individuals living on the effective date of the trust, but shall not include any corporation the majority of the shares of which are owned by the United States or by any State. (c) The term 'bank' as used in this Section means the same as defined in Code Section 13-201. (d) 'Subsidiary', with respect to a specified bank holding company, means (1) any company 25 per centum or more of whose voting shares (excluding shares owned by the United States or by any company wholly owned by the United States) is directly or indirectly owned or controlled by such bank holding company, or is held by it with power to vote; (2) any company the election of a majority of whose directors is controlled in any manner by such bank holding company; or (3) any company with respect to the management or policies of which such bank holding company has the power, directly or indirectly, to exercise a controlling influence, as determined by the Commissioner, after notice and opportunity for hearing. (e) The term 'successor' shall include any company which acquires directly or indirectly from a bank holding company shares of any bank, when and if the relationship between such company and the bank holding company is such that the transaction effects no substantial change in the control of the bank or beneficial ownership of such shares of such bank. The Commissioner may, by retaliation, further define the term 'successor' to the extent necessary to prevent evasion of the purposes of this Title. (f) 'Commissioner' means the Commissioner of the Department of Banking and Finance of the State of Georgia. (g) For the purposes of this Title: (1) shares owned or controlled by any subsidiary of a bank holding company shall be deemed to be indirectly owned or controlled by such bank holding company; (2) shares held or controlled directly or indirectly by trustees for the benefit of (A) a company, (B) the shareholders or members of a company, or (C) the employees (whether exclusively or not) of a company, shall be deemed to be controlled by such company; and (3) shares transferred after July 1, 1974, by any bank holding company (or by the company which, but for such transfer, would be a bank holding company) directly or indirectly to any transferee that is indebted to the transferor, or has one or more officers, directors, trustees, or beneficiaries in common with or subject to control by the transferor, shall be deemed to be indirectly owned or controlled by the transferor unless the Commissioner, after opportunity for hearing, determines that the transferor is not in fact capable of controlling the transferee." TUESDAY, JANUARY 29, 1974 667 Section 3. Said Code Chapter is further amended by adding, following Code Section 13-207, a new Code Section, to be designated Code Section 13-207.1, to read as follows: "13-207.1 Acquisition of bank shares or assets; prior approval of Commissioner as necessary; exceptions. (a) On and after July 1, 1974, it shall be unlawful, except with the prior approval of the Commissioner, (1) for any action to be taken that causes any company to become a bank holding company; (2) for any action to be taken that causes a bank to become a subsidiary of a bank holding company; (3) for any bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank if, after such acquisition, such company will directly or indirectly own or control more than five per centum of the voting shares of such bank; (4) for any bank holding company or subsidiary thereof, other than a bank, to acquire all or substantially all of the assets of a bank; or (5) for any bank holding company to merge or consolidate with any other bank holding company. Notwithstanding the foregoing, this prohibition shall not apply to (A) shares acquired by a bank, (i) in good faith in a fiduciary capacity, except where such shares are held under a trust that constitutes a company as defined in Code Section 13-207 (b) and except as provided in paragraphs (2) and (3) of Code Section 13-207 (g) or (ii) in the regular course of securing or collecting a debt previously contracted in good faith, but any shares acquired after July 1, 1974, in securing or collecting any such previously contracted debt shall be disposed of within a period of two years from the date on which they were acquired or (B) additional shares acquired by a bank holding company in a bank in which such bank holding company owned or controlled a majority of the voting shares prior to such acquisition. For the purpose of the preceding sentence, bank shares acquired after July 1, 1974, shall not be deemed to have been acquired in good faith in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto, but in such instances acquisitions may be made without prior approval of the Commissioner if the Commissioner, upon application filed within ninety days after the shares are acquired, approves retention or, if retention is disapproved, the acquiring bank disposes of the shares or its sole discretionary voting rights within two years after issuance of the order of disapproval. (b) In every case, the Commissioner shall take into consideration the financial and managerial resources and future prospects of the company or companies and the banks concerned, and the convenience and needs of the community to be served." Section 4. Said Code Chapter is further amended by adding thereto a new Code Section, to be designated Code Section 13-207.2, to read as follows: "13-207.2. Registration and reporting of bank holding companies. (a) After July 1, 1974, and annually thereafter, each bank holding company shall register with the Commissioner on forms provided or piescribed by him, which shall include such information with respect to the financial condition, operation, management and inter-company relationships of the bank holding company and its subsidiaries and 668 JOURNAL OP THE HOUSE, related matters as the Commissioner may deem necessary or appropriate to carry out the purposes of this Chapter. (b) The Commissioner is authorized to issue such regulations and orders as may be necessary to enable him to administer and carry out the purposes of this Section and prevent evasions thereof. (c) The Commissioner from time to time may require reports under oath to keep him informed as to whether the provisions of this Section and such regulations and orders thereunder issued by him have been complied with, may make examinations of each bank holding company and each subsidiary thereof, the cost of which may be assessed against and paid by such holding company, and shall, as far as possible, use the reports of examination made by the Comptroller of the Currency, Federal Deposit Insurance Corporation or the Board of Governors of the Federal Reserve System for the purposes of this Section. (d) Bank holding companies or subsidiaries required to register with and report to the Board of Governors of the Federal Reserve System under the Federal Bank Holding Company Act of 1956, as amended, shall be considered in compliance with the registration and reporting requirements of this section by (i) contemporaneous filing of duplicate copies of reports made to the Federal Reserve Board and (ii) authorizing disclosure to the Commissioner of duplicate copies of examinations made by the Federal Reserve Board." Section 5. Said Code Chapter is further amended by adding thereto a new Code Section, to be designated Code Section 13-207.3, to read as follows: "13-207.3. Unlawful acquisitions. On and after July 1, 1974, it shall be unlawful for any bank holding company as defined in this Title to acquire direct or indirect ownership or control of any voting shares of any bank if, after such acquisition, such bank holding company will directly or indirectly own or control more than five per centum of the voting shares of such bank unless such bank has been in existence and continuously operating as a bank for a period of five years or more prior to the date of application to the Commissioner for approval of such acquisition." Section 6. This Act shall become effective on July 1, 1974. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Williams of the 9th moved that debate be limited to one hour each for opponents and proponents of the Bill. Mr. Groover of the 75th moved to amend the motion to exclude the time ordinarily allotted to the Committee chairman after the previous question is ordered. TUESDAY, JANUARY 29, 1974 669 Mr. Levitas of the 77th offered a substitute motion that debate be limited to 10 minutes to each speaker excluding the original author of the Bill and the time allotted to the Committee chairman and spokesman for the minority com- mittee report after the call of the previous question. On the motion to limit debate, 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. Alien Atherton Beckham Bennett Bostick Brantley, H. L. Brown, C. Burruss Burton Carlisle Carr Carrell Chance Cole Collins, M. Connell Daugherty Davis, W. Dent Dickey Dixon Duke Edwards Egan Ezzard Fraser Gignilliat Grahl Greer Hamilton Harden Hatcher Hawes Hays Hill, G. Horton, G. T. Howard Hutchinson Irvin, J. Jones Knight Lambert Lane, W. J. Levitas Marcus Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Pearce Peters Petro Phillips, G. S. Phillips, L. L. Reaves Ritchie Roach Rogers Rush Russell, J. Sams Snow Sweat Toles Triplett Tucker Turner Vaughn Waddle Walker Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood Those voting in the negative were Messrs. : Adams, G. D. Adams, Marvin Bailey Berlin Brantley, H. H. Busbee Coleman Collins, S. Colwell Coney Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Elliott Farrar Floyd, J. H. Foster 670 Grantham Harris, J. R. Horton, W. L. Howell Hudson Irwin, J. R. Jessup Johnson Jordan Karrh Kevton JOURNAL OF THE HOUSE, King Kreeger Larsen, W. W. Lee Lewis Logan Lowrey Mason Matthews, C. Milford Northcutt Rainey Ross Russell, W. B. Shanahan Smith, J. R. Smith, V. B. Stephens Thomason Twiggs Wall Those not voting were Messrs. : Alexander, W. H. Berry Blackshear Bohannon Bond Bray Brown, B. D. Brown, S. P. Buck Castleberry Clark Dollar Dorminy Ellis Evans Floyd, L. R. Geisinger Groover Harrington Harris, J. F. Harrison Hill, B. L. Irvin, R. Lane, Dick Larsen, G. K. McKinney Patterson Pinkston Savage Shepherd Strickland Thompson Townsend Wilson, M. L. Mr. Speaker On the motion, the ayes were 95, nays 50. The motion prevailed. By unanimous consent, further consideration of HB 165 was postponed until the afternoon session. The Speaker announced the House recessed until 1:30 o'clock, P.M., this day. AFTERNOON SESSION The Speaker called the House to order. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: TUESDAY, JANUARY 29, 1974 671 Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit: SB 424. By Senators Button of the 9th, Herndon of the 10th, Young of the 13th, and others: A Bill to amend Code Section 47-102, relating to State Senatorial Districts, as amended, so as to change the provisions relative to certain Senatorial Districts. SB 479. By Senators Garrard of the 37th, Parker of the 31st, and Lester of the 23rd: A Bill to amend Code Section 26-2101, relating to distributing obscene materials, as amended by an Act approved April 1, 1971, so as to change the provisions relative to obscene materials; to provide that certain devices shall be obscene; to provide for certain affirmative defenses. Under the general order of business, the Committee substitute to the following Bill of the House, having previously been read prior to the noon recess, was again taken up for consideration : HB 165. By Messrs. Busbee of the 114th, Pinkston of the 89th, Triplett of the the lllth and others: A Bill to be entitled an Act to amend Code Chapter 13-2 relating to preliminary provisions relative to banks and banking, so as to change the provisions relative to bank holding companies; and for other purposes. The following amendment was read: Mr. Hawes of the 43rd moves to amend the Committee substitute to HB 165 by adding at the end of Section 6 the following: "this Act shall not be construed to affect any pending or decided court suits nor orders issued pursuant thereto.". 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 672 Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berlin Berry Bond Brantley, H. H. Brown, B. D. Brown, S. P. Busbee Carr Carrell Chance Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey ' JOURNAL OP THE HOUSE, Dixon Egan Elliott Ellis Farrar Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Greer Hamilton Harrington Harris, J. R. Hatcher Hawes Hill, B. L. Hill, G. Horton, G. T. Irvin,R. Jessup Jones Keyton King Knight Larsen, G. K. Levitas Marcus McDaniell McDonald Miles Moyer Mulherin Nix Odom Patten, R. L. Pearce Petro Russell, W. B. Sams Savage Shepherd Stephens Toles Townsend Triplett Vaughn Waddle Wamble Wheeler, Bobby Willis Those voting in the negative were Messrs. Adams, Marvin Atherton Blackshear Bohannon Bostick Brantley, H. L. Bray Brown, C. Buck Burruss Burton Carlisle Castleberry Clark Cole Coleman Collins, M. Colwell Dorminy Duke Edwards Evans Ezzard Foster Fraser Grahl Grantham Groover Harden Harris, J. F. Harrison Hays Horton, W. L. Howard Howell Hudson Hutchinson Irvin,J. Irwin, J. R. Johnson Karrh Kreeger Lambert Lane, W. J. Lee Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McKinney Milford Morgan Mullinax Nessmith Noble Northcutt Oxford Patten, G. C. Patterson Peters Phillips, G. S. Phillips, L. L. Reaves Ritchie Roach Rogers Ross Rush Russell, J. Shanahan Smith, J. R. Smith, V. B. Snow Thomason Tucker Turner TUESDAY, JANUARY 29, 1974 673 Twiggs Walker Wall Ware Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood Those not voting were Messrs.: Dent Dollar Jordan Lane, Dick Larsen, W. W. Pinkston Rainey Strickland Sweat Thompson Wilson, M. L. Mr. Speaker On the adoption of the amendment, the ayes were 79, nays 89. The amendment was lost. The following amendment was read: Mr. Groover of the 75th moves to amend the Committee substitute to HB 165 by striking the words: "except with the prior approval of the Commissioner" on lines 5 and 6, page 6, and by striking lines 13 through 17 on page 7. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, J. H. Adams, John Adams, Marvin Bohannon Bostick Brantley, H. L. Bray Buck Castleberry Collins, M. Colwell Dent Dixon Dorminy Duke Edwards Evans Fraser Grahl Grantham Groover Harrison Hays Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Karrh Keyton Kreeger Lambert Lane, W. J. Lee Lewis Logan Lowrey Matthews, C. Matthews, D. R. Mauldin Milford Morgan Nessmith Northcutt Oxford 674 Patten, G. C. Patterson Peters Phillips, L. L. Rainey Reaves Ritchie Roach Ross JOURNAL OF THE HOUSE, Rush Russell, J. Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Toles Turner Twiggs Wall Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood Those voting in the negative were Messrs.: Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bond Brantley, H. H. Brown, B. D. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Chance Clark Cole Coleman Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Egan Elliott Ellis Ezzard Parrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hatcher Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Irvin,R. Jones King Knight Larsen, G. K. Larsen, W. W. Levitas Marcus Mason McCracken McDaniell McDonald McKinney Miles Moyer Mulherin Mullinax Nix Noble Odom Patten, R. L. Pearce Petro Phillips, G. S. Rogers Russell, W. B. Sams Savage Shanahan Shepherd Thompson Townsend Triplett Tucker Vaughn Waddle Walker Wamble Ware Wheeler, Bobby Willis Wilson, M. L. Those not voting were Messrs.: Brown, C. Dollar Jordan Lane, Dick Pinkston Mr. Speaker On the adoption of the amendment, the ayes were 75, nays 99. The amendment was lout. TUESDAY, JANUARY 29, 1974 675 The following amendment was read and adopted: Mr. Groover of the 75th moves to amend the Committee substitute to HB 165 by adding at the end of Section 6 the following: "This Act shall not be construed to legalize any Act or Acts heretofore taken which were or have been held to be a violation of the law, then existing, nor to affect any proceedings heretofore held nor orders issued pursuant thereto.". The following amendment was read: Mr. Groover of the 75th moves to amend the Committee substitute to HB 165 by inserting after the word "by" in line 15, on page 5, a comma and the word "or" and by inserting a colon after the word "of" on that line. 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 Atherton Berlin Bohannon Bostick Brantley, H. L. Bray Brown, C. Buck Burruss Carlisle Carr Carrell Castleberry Collins, M. Collins, S. Colwell Dent Dorminy Duke Edwards Evans Eraser Geisinger Grahl Grantham Groover Harrington Harrison Hays Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Karrh Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Lewis Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McCracken McDonald Milford Morgan Mulherin Mullinax Nessmith Noble Northcutt Oxford Patten, G. C. Patterson Peters Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Shanahan Smith, V. B. Snow Stephens Strickland Sweat Thomason Toles 676 Turner Twiggs Walker Wall JOURNAL OF THE HOUSE, Ware Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood Those voting in the negative were Messrs.: Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berry Blackshear Bond Brantley, H. H. Brown, B. D. Brown, S. P. Burton Busbee Chance Clark Cole Coleman Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Egan Elliott Ellis Ezzard Farrar Floyd, J. H. Floyd, L. R. Gignilliat Greer Hamilton Harden Harris, J. F. Harris, J. R. Hatcher Hawes Hill, B. L. Hill, G. Horton, G. T. Irvin, R. Jones Keyton King Knight Le vitas Marcus Mason McDaniell McKinney Miles Moyer Nix Odom Patten, R. L. Pearce Petro Phillips, G. S. Russell, W. B. Sams Savage Shepherd Thompson Townsend Triplett Tucker Vaughn Waddle Wamble Wheeler, Bobby Willis Wilson, M. L. Those not voting were Messrs.: Dixon Dollar Foster Jordan Lane, Dick Pinkston Smith, J. R. Mr. Speaker On the adoption of the amendment, the ayes were 94, nays 78. The amendment was adopted. The following amendment was read: Mr. Turner of the 3rd moves to amend the Committee substitute to HB 165 as follows: TUESDAY, JANUARY 29, 1974 677 By inserting in the appropriate place "Any bank holding company with 40 or more years continued service in the State of Georgia shall have all rights and privileges as other bank holding companies 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, J. H. Adams, Marvin Berry Bohannon Bostick Brantley, H. L. Bray Buck Burton Carr Castleberrv Cole Colwell Dorminy Edwards Ellis Floyd, L. R. Poster Groover Harris, J. F. Harrison Hays Howard Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Kreeger Lowrey Mason McCracken Morgan Nessmith Noble Patten, G. C. Patterson Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Sams Smith, J. R. Smith, V. B. Snow Strickland Thomason Turner Twiggs Williams Those voting in the negative were Messrs. Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Blackshear Bond Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carlisle Carrell Chance Clark Coleman Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Duke Egan Elliott Evans Ezzard Farrar Floyd, J. H. Fraser Geisinger Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. R. Hatcher Hawes Hill, G. Horton, G. T. Horton, W. L. Irvin, R. Johnson Jones Karrh Keyton King Knight Lambert 678 Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin JOURNAL OF THE HOUSE, Mullinax Nix Northcutt Odom Oxford Patten, R. L. Pearce Petro Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Savage Shanahan Shepherd Stephens Sweat Thompson Townsend Triplett Tucker Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, M. L. Wood Those not voting were Messrs.: Adams, John Collins, M. Dollar Hamilton Hill, B. L. Howell Jordan Lane, Dick Pinkston Toles Wilson, J. M. Mr. Speaker On the adoption of the amendment, the ayes were 51, nays 117. The amendment was lost. The following amendment was read: Mr. Logan of the 62nd moves to amend the Committee substitute to HB 165 as follows: By striking the date "July 1, 1974" wherever the same shall appear and inserting in lieu thereof the date "July 1, 1975". 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 Bohannon Bostick Brantley, H. L. Bray Brown, C. Buck Carlisle Carr Carrell Castleberry Cole Collins, M. Collins, S. Colwell Davis, W. Dorminy Edwards Evans Foster Fraser Grahl Grantham Groover Harrington Harrison Hays Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup TUESDAY, JANUARY 29, 1974 679 Johnson Karrh Knight Kreeger Lambert Lane, W. J. Larsen, G. K. ' Lee Lewis Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McCracken McDonald Milford Morgan Mullinax Nessmith Noble Northcutt Oxford Patten, G. C. Patterson Peters Petro Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Rush Russell, J. Smith, J. R. Smith, V. B. Snow Stephens Strickland Thomason Toles Turner Twiggs Waddle Walker Wall Ware . Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs. Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bond Brantley, H. H. Brown, B. D. Brown, S. P. Burruss Burton Busbee Chance Clark Coleman Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Egan Elliott Ellis Ezzard Farrar Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Greer Hamilton Harden Harris, J. F. Harris, J. R. Hatcher Hawes Hill, B. L. Hill, G. Horton, G. T. Irvin, R. Jones Keyton King Larsen, W. W. Levitas Marcus Mason McDaniell McKinney Miles Moyer Mulherin Nix Odom Patten, R. L. Pearce Ross Russell, W. B. Sams 680 Savage Shanahan Shepherd Sweat JOURNAL OF THE HOUSE, Thompson Townsend Triplett Tucker Vaughn Wamble Wheeler, Bobby Willis Those not voting were Messrs.: Dixon Dollar Duke Jordan Lane, Dick Phillips, G. S. Pinkston Mr. Speaker On the adoption of the amendment, the ayes were 91, nays 81. The amendment was adopted. The following amendment was read: Mr. Buck of the 87th moves to amend Committee Substitute to HB 165 as follows: By striking in their entirety lines 13 through 17 of page 7 and substituting in lieu thereof the following: "The Commissioner shall not approve: (1) any acquisition or merger or consolidation under this Section which would result in a monopoly, or which would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the State of Georgia, or (2) any other proposed acquisition or merger or consolidation under this Section whose effect in any section of the State may be substantially to lessen competition, or to tend to create a monopoly, or which in any other manner would be in restraint of trade, unless it finds that the anticompetitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served. In every case, the Commissioner shall take into consideration the financial and managerial resources and future prospects of the company or companies and the banks concerned, and the convenience and needs of the community to be served.' " And, by striking in their entirety lines 14 through 23 of page 8 and substituting in lieu thereof the following: TUESDAY, JANUARY 29, 1974 681 "(d) Bank Holding Companies and subsidiaries or affiliates thereof shall be regulated, controlled and examined by the Commissioner of Banking to the same extent that he regulates, controls and examines State Banks and other financial institutions under his jurisdiction, which would be in addition to the authority of the Federal Reserve Board as fixed by the laws of the United States. The Commissioner of Banking is hereby authorized, directed and required to promulgate, with precision, rules and regulations and investment procedures in the regulation, examination and control of Bank Holding Companies doing business in this State." The following amendment to the Buck amendment was read and adopted: Mr. Levitas of the 50th moves to amend the Buck amendment to the Committee substitute to HB 165 by striking on line 11 the words "any part of" and by striking on line 14 the words "any section of". The Buck amendment, was adopted. The Committee substitute, as amended, was adopted. Mr. Wall of the 61st moved that HB 165 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.: Bohannon Bray Brown, C. Collins, M. Edwards Eraser Grantham Harris, J. F. Harrison Hudson Hutchinson Irvin, J. Karrh Lambert Lee Morgan Northcutt Patterson Rainey Roach Strickland Sweat Twiggs Walker Wall Whitmire Williams Wood Those voting in the negative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey 682 Beckham Bennett Berlin Berry Blackshear Bond Brantley, H. H. Brown, B. D. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. JOURNAL OF THE HOUSE, Foster Geisinger Gignilliat Grahl Greer Hamilton Harden Harrington Harris, J. R. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Irvin, R. Irwin Jessup Johnson Jones Keyton King Knight Kreeger Lane, W. J. Larsen, G. K. Larsen, W. W. Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Pearce Petro Phillips, G. S. Ritchie Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Thomason Thompson Toles Townsend Triplett Tucker Turner Vaughn Waddle Wamble Ware Wheeler, B. Willis Wilson, J. M. Wilson, M. L. Those not voting were Messrs.: Bohannon Bostick Brantley, H. L. Dollar Groover Howell Jordan Lane, Dick Peters Phillips, L. L. Pinkston Reaves Wheeler, J. A. Mr. Speaker TUESDAY, JANUARY 29, 1974 683 On the motion, the ayes were 28, nays 139. The motion was lost. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berlin Berry Blackshear Bond Brantley, H. H. Brown, B. D. Brown, S. P. Burton Busbee Carr Chance Clark Cole Coiling, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Egan Elliott Ellis Ezzard Parrar Floyd, J. H. Ployd, L. R. Poster Geisinger Gignilliat Greer Hamilton Harden Harris, J. R. Hatcher Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Irvin, R. Jones Keyton King Knight Those voting in the negative were Messrs. : Adams, J. H. Adams, John Adams, M. Atherton Bohannon Bostick Brantley, H. L. Bray Brown, C. Buck Larsen, G. K. Levitas Marcus Mason McDaniell McKinney Miles Moyer Mulherin Noble Odom Patten, R. L. Pearle Petro Rogers Russell, W. B. Sams Savage Shepherd Townsend Triplett Tucker Vaughn Waddle Wamble Wheeler, B. Willis Wilson, M. L. Burruss Carlisle Carrell Castleberry Coleman 684 Collins, M. Colwell Dean, N. Dorminy Duke Edwards Evans Fraser Grahl Grantham Groover Harrington Harris, J. F. Harrison Hays Howard Howell Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Karrh JOURNAL OF THE HOUSE, Kreeger Lambert Lane, W. J. Lee Lewis Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McCracken McDonald Milford Morgan Mullinax Nessmith Nix Northcutt Oxford Patten, G. C. Patterson Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Ross Rush Russell, J. Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Toles Turner Twiggs Walker Wall Ware Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood Those not voting were Messrs.: Dollar Jordan Lane, Dick Larsen, W. W. Pinkston Roach Strickland Thompson Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 84, nays 87. The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost. Mr. Harris of the 51st served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 165, by substitute, as amended. Messrs. Jordan of the 58th and Roach of the 8th requested the Journal record that they abstained from voting on the passage of HB 165 because of a conflict of interest pursuant to the Rules of the House. Mr. Strickland of the 116th stated that he had been called from the floor TUESDAY, JANUARY 29, 1974 685 of the House when the roll was called on the passage of HB 165, by substitute, as amended, but had he been present, would have voted "Nay". 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 announced the House adjourned until 9:30 o'clock, tomorrow morning. 686 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Wednesday, January 30, 1974 The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker. Prayer was offered by the Reverend Dahl McDermitt, Pastor, Poplar Springs Baptist Church, Eastman, Georgia. Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. , 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1663. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to provide the method of filling vacancies in the membership of the Carroll City-County Hospital Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. WEDNESDAY, JANUARY 30, 1974 687 HB 1664. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend Code Section 13-203.1, relating to bank offices and bank facilities, as amended, so as to change the method of determining the number of bank offices or bank facilities which may be established by a parent bank or branch bank; and for other purposes. Referred to the Committee on Banks and Banking. HB 1665. By Mr. Brown of the 67th: A Bill to be entitled an Act to provide that a seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to a consumer as an inducement for a sale or lease for the consumer giving to the seller or lessor the names of prospective buyers or lessees; to provide for the unenforceability of the agreement if entered into in violation of this Act; and for other purposes. Referred to the Committee on Banks and Banking. HB 1666. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond . . .", so as to provide for a clerk and an attorney for the board; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1667. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act providing for the permanent tenure for certain officers and employees of Richmond County, so as to exempt certain officers and employees from the operation of the Act; to provide for rules of probation of present officers and employees affected by the Act; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1668. By Mr. Connell of the 80th: A Bill to be entitled an Act to create the Augusta-Richmond County Charter Commission; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1669. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act creating a merit system in Richmond County for the employees of Richmond County, so as to 688 JOURNAL OF THE HOUSE, provide for the duties and functions of the merit system council; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1670. By Mr. Hill of the 110th: A Bill to be entitled an Act to amend Code Chapter 34-14, relating to absentee voting, as amended, so as to provide that any elector of the State who is 65 years of age or over may vote by absentee ballot in any primary or election; and for other purposes. Referred to the Committee on State of Republic. HB 1671. By Mr. Hill of the 110th: A Bill to be entitled an Act to amend Code Chapter 34A-13, relating to absentee voting in municipal elections, as amended, so as to provide that any elector of a municipality who is 65 years of age or over may vote by absentee ballot in any primary or election; and for other purposes. Referred to the Committee on State of Republic. HB 1672. By Messrs. Mullinax of the 65th, Ritchie of the llth, Bray of the 66th, Rush of the 104th and Wheeler of the 13th: A Bill to be entitled an Act to provide for a tax on the sale of certain sound recordings; to define certain terms; to provide for the payment and collection of the tax; to require certain notification by carriers transporting sound recordings; to provide for tax stamps and the replacement of mutilated stamps to provide for sound recording permits ; and for other purposes. Referred to the Committee on Ways and Means. HB 1673. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to amend an Act placing the sheriff of Webster County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to personnel employed by the sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1674. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Stewart County, so as to change the provisions relat- WEDNESDAY, JANUARY 30, 1974 689 ing to the clerk of the commissioner, and the compensation of the clerk; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1675. By Messrs. Gignilliat of the 105th, Praser of the 117th and Moyer of the 99th: A Bill to be entitled an Act to amend an Act reestablishing the Georgia Commission for National Bicentennial Celebration, so as to authorize said Commission to retain the proceeds arising from contracts and leases to be used for the purposes of the Commission; and for other purposes. Referred to the Committee on Rules. HB 1676. By Messrs. Oxford of the 101st, Castleberry of the 96th, Edwards of the 95th, Murphy of the 18th and Wheeler of the 13th: A Bill to be entitled an Act to amend an Act providing for pre-need funeral service contracts, so as to change certain definitions and provide for additional definitions; to require certain persons to furnish the Comptroller General with certified copies of their bank statement or statements showing certain information; to change the provisions relating to revocation of certificates and liquidation proceedings; and for other purposes. Referred to the Committee on Insurance. HB 1677. By Messrs. Mason of the 59th, Horton of the 43rd, Rogers of the 128th, Ritchie of the llth, Castleberry of the 96th, Mrs. Clark of the 55th, Messrs. Patten of the 123rd, Dorminy of the 115th and Alien of the 108th: A Bill to be entitled an Act to provide for the orderly development and wise use of "Vital Areas" of this State; to provide a short title; to provide a declaration of policy; to provide definitions, including the definitions of the "Vital Areas" of this State; to provide for the creation of the Vital Areas Commission; and for other purposes. Referred to the Committee on Natural Resources. HB 1678. By Mr. Irvin of the 23rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to increase the maximum fines and jail sentences that can be levied by the recorder of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. 690 JOURNAL OF THE HOUSE, HR 556-1678. By Mr. Logan of the 62nd: A Resolution compensating Mr. Craig Loehle; and for other purposes. Referred to the Committee on Appropriations. HR 557-1678. By Mr. Logan of the 62nd: A Resolution compensating Ms. Patricia C. Levi; and for other purposes. Referred to the Committee on Appropriations. HR 558-1678. By Mr. Logan of the 62nd: A Resolution compensating Mr. Aaron Franklin Whitehead; and for other purposes. Referred to the Committee on Appropriations. HR 559-1678. By Messrs. Jordan of the 58th and Farrar of the 52nd: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to enact legislation treating property subject to homestead exemptions as a separate class of tangible property for ad valorem tax purposes and to enact legislation to reduce the ad valorem taxes paid on property subject to homestead exemption; and for other purposes. Referred to the Committee on Ways and Means. HR 560-1678. By Mr. Beckham of the 82nd: A Resolution designating certain highways within the State of Georgia as Blue Star Memorial Highways; and for other purposes. Referred to the Committee on Highways. HB 1679. By Mr. Fraser of the 117th: A Bill to be entitled an Act to amend an Act placing the Clerk of the superior court, sheriff and tax commissioner of Mclntosh County 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 1680. By Messrs. Carlisle and Brown of the 67th : A Bill to be entitled an Act to amend an Act incorporating the City of WEDNESDAY, JANUARY 30, 1974 691 Sunny Side, so as to change the provisions relative to the governing body of said City; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1681. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend an Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; . . .", so as to provide that the State Revenue Commissioner or his authorized agents shall destroy any and all malt beverages found to be contraband; and for other purposes. Referred to the Committee on Wavs and Means. HB 1682. By Messrs. Snow of the 1st, Peters of the 2nd, Hays of the 1st, Cole and Foster of the 6th: A Bill to be entitled an Act to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change the provisions relating to the election of the mayor and aldermen; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HR 561-1682. By Messrs. Ware of the 65th, Gignilliat of the 105th, Berlin of the 89th, Wall of the 61st, Hays of the 1st, Berry of the 86th, Moyer of the 99th, Wood of the 9th, Dean of the 17th, Pearce of the 87th, Floyd of the 5th and Collins of the 45th: A Resolution proposing an amendment to the Constitution so as to increase the homestead exemption to $4,000 for any veteran who has been certified as being a 100 percent service connected disabled veteran by the United States Veterans Administration; and for other purposes. Referred to the Committee on Ways and Means. HR 562-1682. By Messrs. Ware of the 65th, Gignilliat of the 105th, Berlin of the 89th, Wall of the 61st, Hays of the 1st, Berry of the 86th, Moyer of the 99th, Wood of the 9th, Dean of the 17th, Pearce of the 87th, Floyd of the 5th and Collins of the 45th: A Resolution proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; to change the definition of the term "disabled veteran"; to provide for a homestead exemption for the unremarried widow or minor children of certain disabled veterans; and for other purposes. Referred to the Committee on Ways and Means. 692 JOURNAL OF THE HOUSE, HB 1683. By Messrs. Strickland and Harrison of the 116th: A Bill to be entitled an Act to amend an Act to create a small claims court in certain counties of the State having- a population of not less than 8,905 and not more than 8,920, so as to change the population category within which said court is created; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HB 1684. By Messrs. Levitas of the 50th and Greer of the 43rd: A Bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for resolution of labor disputes, prohibit strikes; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1685. By Mr. Lane of the 76th: A Bill to be entitled an Act to amend Georgia Code Chapter 84-1, relating to the Joint-Secretary, State Examining Boards, so as to provide that no civil liability shall ensue because of any good faith communicati-ons to any State Examining Board; to provide that no member, employee or agent of any State Examining Board shall be liable for any good faith action; and for other purposes. Referred to the Committee on Special Judiciary. HB 1686. By Messrs. Patterson and Bohannon of the 64th, Mullinax, Ware and Knight of the 65th: A Bill to be entitled an Act to reincorporate the Town of Centralhatchee in the County of Heard and State of Georgia; to create a new charter for the town; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. HR 563-1686. By Messrs. Strickland and Harrison of the 116th: A Resolution proposing an amendment to the Constitution, so as to authorize taxation and the expenditure of public funds by the governing authority of Appling County for the development of trade, commerce, industry, and employment opportunities within Appling County; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. WEDNESDAY, JANUARY 30, 1974 693 HB 1687. By Messrs. Burruss of the 21st, Busbee of the 114th, Dean of the 17th, Rogers of the 128th, Sweat of the 125th, Fraser of the 117th, Dean of the 54th, Murphy of the 18th, King of the 85th and others: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the minimum salaries of school bus drivers; and for other purposes. Referred to the Committee on Education. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1635. By Mr. Shanahan of the 7th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Calhoun, so as to define the corporate limits of said City; to delete certain provisions relative to the annexation of territory; and for other purposes. HB 1636. By Mr. Lane of the 40th: A Bill to be entitled an Act to require certain swimming pools to be surrounded by fences or barriers; to provide for a definition; to designate certain unfenced swimming pools as dangerous instrumentalities for purposes of application of the doctrine of attractive nuisance; and for other purposes. HB 1637. By Mr. Coleman of the 102nd: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that the Commissioner of Public Safety shall formulate and prescribe tests, examinations, procedures, rules and regulations under which licenses to operate motor vehicles shall be granted; and for other purposes. HB 1638. By Messrs. Cole and Foster of the 6th and Turner of the 3rd: A Bill to be entitled an Act to amend an Act fixing the Salaries of the judges of the superior courts, so as to change the provisions relating to salaries and compensation of secretaries for judges of the superior courts and district attorneys; and for other purposes. HB 1639. By Messrs. Cole and Foster of the 6th and Turner of the 3rd: A Bill to be entitled an Act to add one additional judge to the Superior Courts of the Conasauga Judicial Circuit of Georgia; to provide for the 694 JOURNAL OF THE HOUSE, appointment of the first additional judge by the Governor; and for other purposes. HB 1640. By Messrs. Hudson of the 115th and Noble of the 48th: A Bill to be entitled an Act to require local public school systems to provide married students, pregnant students and students who are parents with educational instruction which is equivalent and similar to the instruction given regular students; to provide that such instruction may be in special classes; and for other purposes. HB 1641. By Mr. Levitas of the 50th : A Bill to be entitled an Act to prohibit conflicts of interest for members and certain employees of the legislative branch of government; to establish a code of ethics for public employees; to provide for advisory opinions; to provide for complaints; to provide for dismissals; and for other purposes. HB 1642. By Messrs. Smith of the 74th, Adams of the 36th and Jessup of the 102nd: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the requirements for members of the Uniform Division of the Department of Public Safety; and for other purposes. HB 1643. By Messrs. Smith of the 74th, Adams of the 36th and Jessup of the 102nd: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to clarify and review the law governing the suspension, revocation, cancellation and reinstatement of driver's licenses; to provide for suspensions and revocations upon conviction, forfeiture upon conviction, forfeiture of bond or plea of guilty or nolo contendere to certain offenses; and for other purposes. HB 1644. By Messrs. Buck of the 87th, Davis of the 85th, Adams of the 84th, Thompson and Berry of the 86th, King of the 85th and Pearce of the 87th: A Bill to be entitled an Act to amend an Act providing for alternative times for making tax returns in all counties of this State having a WEDNESDAY, JANUARY 30, 1974 695 population of not less than 170,000 nor more than 200,000, which are authorized by law or constitutional amendment to operate a joint tax receiving or tax assessing program with any other political subdivision, so as to change the population figures and the census contained therein; and for other purposes. HB 1645. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend Code Title 34, known as the "Georgia Election Code", so as to add a new Code Chapter relating to political campaign finance; to provide definitions; to provide limitations on campaign expenditures; to provide for maximum contributions by individuals and organizations to election campaigns; to provide for the appointment of a campaign treasurer; and for other purposes. HB 1646. By Messrs. Hudson, Dorminy and Rainey of the 115th: A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla, so as to provide that aldermen must resign from office prior to qualifying as candidates for the office of mayor of the City of Ocilla under certain conditions; and for other purposes. HB 1647. By Messrs. Adams of the 14th, Toles of the 16th and Lowrey of the 15th: A Bill to be entitled an Act to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights . . .", so as to authorize certain special police forces to operate motor vehicles with flashing or revolving blue lights; and for other purposes. HB 1648. By Messrs. Alien of the 108th, Gignilliat of the 105th, Ellis of the 107th, Triplett of the lllth, Blackshear of the 106th, Jones of the 109th, Chance of the 112th and Hill of the 110th: 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; to regulate taxation in areas added to the corporate limits; to provide for a referendum; and for other purposes. 696 JOURNAL OF THE HOUSE, HB 1649. By Messrs. Rush of the 104th and Brantley of the 92nd: A Bill to be entitled an Act to amend an Act establishing the Stat* Court of Tattnall County (formerly the City Court of Reidsville), so as to change the salary of the judge of said court; and for other purposes. HB 1650. By Messrs. Rush of the 104th and Brantley of the 92nd: A Bill to be entitled an Act to amend an Act establishing the State Court of Tattnall County (formerly the City Court of Reidsville), so as to change the title and compensation of the solicitor of said court; and for other purposes. HR 543-1650. By Messrs. Buck of the 87th, Berry of the 86th and for other purposes. HR 544-1650. By Mr. Milford of the 13th: A Resolution compensating Mr. Tommy Highland; and for other purposes. HR 545-1650. By Mr. Milford of the 13th: A Resolution compensating Mr. Prank K. Vickery; and for other purposes. HR 546-1650. By Messrs. Cole and Poster of the 6th: A Resolution authorizing and directing the State Librarian to furnish certain law books to the judge of the Superior Court of the Conasauga Judicial Circuit; and for other purposes. HB 1651. By Messrs. Jordan of the 58th, Farrar of the 52nd, Harris of the 51st, Levitas of the 50th and Russell of the 53rd: A Bill to be entitled an Act to amend an Act known as the "Junior WEDNESDAY, JANUARY 30, 1974 697 College Act of 1958", so as to change the provisions relative to payments by the Board of Regents to certain local operating authorities; and for other purposes. HB 1652. By Messrs. Davis of the 85th, Morgan of the 70th, Shanahan of the 7th, Colwell of the 4th, Rainey of the 115th and Castleberry of the 96th: A Bill to be entitled an Act to prohibit the sale or offering for sale of certain fuel saving devices within the State of Georgia without obtaining a permit therefor; to provide for definitions; and for other purposes. HB 1653. By Messrs. Harrington of the 93rd, Wilson of the 94th, Murphy of the 18th, Ployd of the 5th, Harris of the 8th, Lane of the 76th, Lee of the 68th, Buck of the 87th, Ware of the 65th, Mauldin of the 13th and others: A Bill to be entitled an Act to provide that it shall be unlawful for any director of any department or agency of State Government or any other officer who exercises overall supervision of any department, board, bureau, commission, agency, or instrumentality of State Government which receives appropriations from State funds to fail or refuse to expend any funds appropriated by the General Assembly in accordance with the lawful direction of the General Assembly contained within said appropriations; and for other purposes. HB 1654. By Messrs. Bennett, Patten and Reaves of the 124th: A Bill to be entitled an Act to amend an Act incorporating the Town of Dasher, so as to provide powers for the Town Council relative to levy and collection of ad valorem taxes; to require the use of the Lowndes County Tax Assessor's property valuation for levying taxes; and for other purposes. HR 547-1654. By Messrs. Coleman of the 102nd and Wheeler of the 127th, Mrs. Hamilton of the 31st, Messrs. Lewis of the 77th, Ware of the 65th, Howell of the 118th, Hays of the 1st, Rush of the 104th and others: A Resolution directing the State Department of Education and the Georgia Educational Television Network to cooperate in the preparation of a film of an address by the Honorable Ben W. Fortson, Jr. to a joint session of the General Assembly of Georgia; and for other purposes. 698 JOURNAL OF THE HOUSE, HB 1655. By Mr. Groover of the 75th: A Bill to be entitled an Act to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, so as to change the name of the police court of said city; to provide for a recorder of said court; and for other purposes. HB 1656. By Messrs. Whitmire, Williams and Wood of the 9th : A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, as amended, particularly by House Bill 1302 adopted at the 1974 regular session of the General Assembly, so as to change the provisions relative to certain Representative Districts (District 9) ; and for other purposes. HB 1657. By Mr. Greer of the 43rd: A Bill to be entitled an Act to provide that confidential or privileged medical matter which constitutes a record, or part thereof, kept by a health care facility or physician, does not lose its confidential or privileged character when disclosed in certain circumstances; and for other purposes. HB 1658. By Messrs. Murphy of the 18th, Floyd of the 5th and Levitas of the 50th: A Bill to be entitled an Act to provide State assistance for planned growth and development in the State; to provide a short title; to amend an Act known as the "Executive Reorganization Act of 1972", so as to prescribe the function of the Office of Planning and Budget in relation to planned growth and development; to provide the powers and duties of the Office of Planning and Budget in carrying out such functions; and for other purposes. HB 1659. By Messrs. Smith of the 74th, Jessup and Coleman of the 102nd, Rainey of the 115th, Adams of the 36th, Smith of the 42nd and Adams of the 74th: A Bill to be entitled an Act to provide that the Governor of Georgia may by Executive Order from time to time increase the maximum weight, load, axle load, wheel load, width, length or height or combinations of motor vehicles operating in Georgia until the adjournment WEDNESDAY, JANUARY 30, 1974 699 of the Session of the General Assembly which convenes next after the effective date of such Executive Order; and for other purposes. HB 1660. By Messrs. Smith of the 74th, Jessup and Coleman of the 102nd, Rainey of the 115th, Adams of the 36th, Smith of the 42nd and Adams of the 74th: A Bill to be entitled an Act to amend Code Section 95A-961, relating to the issuance of permits allowing motor vehicles to exceed the weight, width, length or height limitations imposed by law, so as to provide that such permits may be issued for motor vehicles which are transportingloads which can be dismantled; and for other purposes. HB 1661. By Mr. Larsen of the 27th: A Bill to be entitled an Act to amend Code Section 59-203, relating to the manner of drawing grand jurors and the number of names that may be drawn, so as to increase from 36 to 60 the maximum number of names that may be drawn; and for other purposes. HB 1662. ByMr. Willis of the 119th: A Bill to be entitled an Act to amend an Act placing the sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relative to the sheriff's duties and other employees; and for other purposes. SB 437. By Senator Smalley of the 28th: A Bill to be entitled an Act to provide for substitution of certain notes and securities for amounts retained by the State, any political subdivision, or any municipality from partial payments made under the terms of a construction contract; to provide appropriate procedures; and for other purposes. SB 441. By Senator Holloway of the 12th: A Bill to be entitled an Act to require the recording of the Ayes and Nays upon each and every vote taken by each House of the General 700 JOUENAL OF THE HOUSE, Assembly on any bill or resolution fixing the compensation of any official, except county and municipal officials; and for other purposes. SB 449. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend Code Section 79A-9917, relating to penalties for violating certain criminal provisions of Title 79A of the Georgia Code, relating to pharmacists, pharmacy and drugs, as amended, so as to define the term "marijuana"; and for other purposes. SB 453. By Senators Howard of the 42nd and Ballard of the 45th : A Bill to be entitled an Act to provide for service by a judge emeritus of the superior court as a State court judge in a county within his judicial circuit or an adjoining judicial circuit; to require a request by a judge of the State court for such service on the part of a judge emeritus of the superior court; and for other purposes. SR 250. By Senator Dean of the 6th: A Resolution authorizing the conveyance of certain real property located in Wayne County; and for other purposes. Mr. Brown of the 67th District, Chairman of the Committee on Health and Ecology, submitted the following report: Mr. Speaker: Your Committee on Health and Ecology has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendation: HB 1442. Do Not Pass. Respectfully submitted, Brown of the 67th, Chairman. WEDNESDAY, JANUARY 30, 1974 701 Mr. McCracken of the 77th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 995. Do Pass, by Substitute. HB 1265. Do Pass. HB 1264. Do Not Pass. Respectfully submitted, McCracken of the 77th, Chairman. Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1528. Do Pass. HB 1529. Do Pass. Respectfully submitted, Snow of the 1st, Chairman. Mr. Smith of the 74th District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations: HB 847. Do Pass. HB 950. Do Not Pass. HB 1113. Do Not Pass. HB 1253. Do Pass. 702 JOURNAL OP THE HOUSE, HB 1326. Do Pass. HB 1329. Do Pass, as Amended. HB 1449. Do Pass. HB 1450. Do Pass. HB 1463. Do Pass, by Substitute. HB 1496. Do Pass, by Substitute. HB 1603. Do Pass. HB 1604. Do Pass. SB 439. 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 and Resolution of the House and has instructed me to report same back to the House with the following recommendations: HB 279. Do Pass. HB 1315. Do Pass, by Substitute. HB 1344. Do Pass. HB 1365. Do Pass. HB 1369. Do Pass, by Substitute. HB 1408. Do Pass. HB 1423. Do Pass. HB 1437. Do Pass, as Amended. HB 1457. Do Pass. HB 1458. Do Pass. HB 1316. Do Pass, by Substitute. HB 1480. Do Pass. HB 1514. Do Pass. WEDNESDAY, JANUARY 30, 1974 703 HR 511-1512. Do Pass. HB 346. Do Pass, by Substitute. Respectfully submitted, Buck of the 87th, Chairman. Mr. Levitas of the 50th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 709. Do Pass, by Substitute. HB 1590. Do Pass, as Amended. Respectfully submitted, Levitas of the 50th, Chairman. Mr. Levitas of the 50th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs (Local Legislation) 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 491-1435. Do Pass. HB 1304. Do Pass. HB 1562. Do Pass. HB 1612. Do Pass. HB 1617. Do Pass. Respectfully submitted, Levitas of the 50th, Chairman. 704 JOURNAL OF THE HOUSE, By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1304. By Messrs. Buck and Berry of the 86th, Pearce of the 87th and others: A Bill to be entitled an Act to amend an Act providing a supplement to the salary of the District Attorney of the Chattahoochee Judicial Circuit, approved March 29, 1971 (Ga. Laws 1971, p. 231), so as to delete therefrom the limitations upon the amount of the supplement specified; to provide 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 ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1562. By Messrs. Hill of the 110th, Ellis of the 107th, Blackshear of the 106th and others: A Bill to be entitled an Act to amend Code Section 24A-201, relating to the creation of juvenile courts in certain counties, so as to provide for the creation of a juvenile court in Chatham County; to provide 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 ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1612. By Mr. Bray of the 66th: A Bill to be entitled an Act to amend an Act incorporating the City of Manchester, approved Aug. 16, 1909 (Ga. Laws 1909, p. 1071), as amended, so as to remove certain territory from the corporate limits of the said city; to delineate and define the corporate limits of the City of Manchester; 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. WEDNESDAY, JANUARY 30, 1974 705 On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1617. By Messrs. Lewis and McCracken of the 77th, Lane of the 76th and others: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Burke County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 491-1435. By Messrs. Dean of the 60th and Wall of the 61st: A RESOLUTION Proposing an amendment to the Constitution so as to provide a homestead exemption of $2,000.00 from all ad valorem taxes levied by the City of Norcross for persons 62 years of age or over; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: "The City of Norcross is authorized to grant to each person who is sixty-two (62) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $2,000.000 on the homestead owned and occupied by such person as a residence." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 706 JOURNAL OF THE HOUSE, The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide a homestead exemption of $2,000.00 from all ad valorem ( ) NO taxes levied by the City of Norcross for persons 62 years of age or over?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burrus Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dorminy Duke Egan Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Keyton King Knight WEDNESDAY, JANUARY 30, 1974 707 Kreeger Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Thomason Thompson Toles Town send Triplett Tucker Turner Twiggs Vaughn Walker Wall Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Adams, G. D. Adams, J. H. Adams, Marvin Bennett Bond Brown, B. D. Burton Dixon Dollar Edwards Elliott Geisinger Hamilton Hawes Hill, B. L. Hill, G. Lambert Lane, Dick McCracken Nix Northcutt Odom Patten, G. C. Pinkston Shepherd Sweat Waddle Wamble Wheeler, Bobby Mr. Speaker On the adoption of the Resolution, the ayes were 150, 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 adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit: 708 JOURNAL OF THE HOUSE, SR 193. By Senator Thompson of the 32nd: A Resolution to authorize the Department of Revenue to write off uncollected check balances covering motor vehicle license fees. SR 194. By Senator Thompson of the 32nd: A Resolution to authorize the Department of Revenue to write off uncollected check balances covering motor fuel highway use permits and taxes. SR 308. By Senator Eldridge of the 7th: A Resolution commending Mr. John Harris. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit: SB 483. By Senator Fincher of the 54th: A Bill to amend an Act creating a State Board of Registration for Used Car Dealers, so as to provide for the bonding of persons licensed thereunder; to repeal conflicting laws; and for other purposes. SB 489. By Senators Hamilton of the 26th, Lester of the 23rd, Dean of the 6th and others: A Bill to provide for the payment of an expense allowance to jurors in lieu of compensation in the nature of a salary; to amend Code Title 59, relating to juries, as amended, so as to provide for the fixing and payment of expense allowances the same manner as compensation presently paid. SB 502. By Senator Jackson of the 16th: A Bill to amend an Act designating public and legal holidays in the State of Georgia, as amended, so as to designate the month of February of each year as "American History Month" in the State of Georgia. SB 504. By Senator Rowan of the 8th: A Bill to amend an Act known as the "Minimum Foundation Program of Education Act," as amended, so as to provide for instruction of pupils who are married, a parent, or pregnant, whether married or unmarried. WEDNESDAY, JANUARY 30, 1974 709 SB 505. By Senators Parker of the 31st and Duncan of the 30th: A Bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas; to provide for a judge of the superior court and a district attorney for said circuit; to provide for their election and compensation; to fix the terms of court. SB 507. By Senator Webb of the llth: A Bill to repeal an Act to repeal an Act creating the State Court of Miller County (formerly the City Court of Miller County), approved April 17, 1973. SB 513. By Senator Holloway of the 12th: A Bill to amend an Act relating to a health insurance plan for State employees, so as to provide for the investment of funds of the health insurance fund. SB 529. By Senators Johnson of the 38th, Stephens of the 36th, Ware of the 39th and others: A Bill to repeal an Act which applied to certain municipalities the zoning and planning provisions of an Act approved on January 31, 1946 (Ga. L. 1946, pp. 191, et seq.). HB 583. By Mr. Harris of the 51st: A Bill to provide for a supplement to the compensation, expenses and allowances of the judge of the superior court of the Stone Mountain Judicial Circuit. HB 1308. By Messrs. Brown, Coney, Evans, Berlin, Dickey and Pinkston of the 89th: A Bill to authorize the district attorneys of the superior courts in certain counties to appoint certain investigators to provide for the compensation of such investigators; to define the duties and powers and authority of such investigators; to provide that one investigator shall be chief investigator and to define his powers and functions. HB 1311. By Mr. Howell of the 118th: A Bill to amend an Act placing the sheriff of Early County upon an annual salary, so as to change the compensation of the sheriff; to change the maximum compensation which may be received by certain employees of the sheriff's office. 710 JOURNAL OF THE HOUSE, HB 1312. By Mr. Howell of the 118th: A Bill to amend an Act creating the Board of Commissioners of Early County, so as to change certain provisions therein relating to contracts entered into in behalf of the county. HB 1322. By Mr. Adams of the 84th: A Bill to amend an Act creating and incorporating the City of Shiloh, as to change the date of elections in said city; to create council posts and to provide for the manner in which such elections shall be conducted. HB 1347. By Mr. Pinkston of the 89th and others: A Bill to amend an Act re-enacting the charter of the City of Macon, so as to abolish the Board of Water Commissioners of the City of Macon. HB 1348. By Mr. Pinkston of the 89th and others: A Bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act", so as to grant the Authority the power to classify and differentiate water and sewer rates in any reasonable manner, including, but not limited to, consumers within the corporate limits of the City of Macon and consumers outside the corporate limits of the City of Macon. HB 1385. By Messrs. Jessup, Coleman and Larsen of the 102nd: A Bill to amend an Act creating a new charter for the City of Rochelle, Wilcox County, so as to authorize said City to dispose of certain property located within said City. HB 1393. By Messrs. Brown and Carlisle of the 67th: A Bill to amend an Act establishing the State Court of Spalding County, so as to change the compensation of the judge and solicitor of said Court. HB 1398. By Mr. Pearce of the 87th and others: A Bill to amend an Act establishing the State Court of Muscogee County, so as to provide for the appointment of a second Assistant Solicitor for said Court. The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit: WEDNESDAY, JANUARY 30, 1974 711 HB 455. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to provide for the licensing of transient merchants; to provide for misdemeanor punishment under certain circumstances. The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 179. By Senator Herndon of the 10th: A Bill to amend an Act known as the "Georgia Administrative Procedure Act", so as to delete certain exceptions from the definition of "agency", By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 179. By Senator Herndon of the 10th: A Bill to be entitled an Act to amend an Act known as the Georgia Administrative Procedure Act, so as to delete certain exceptions from the definition of "Agency"; and for other purposes. Referred to the Committee on Rules. SR 193. By Senator Thompson of the 32nd: A Resolution to authorize the Department of Revenue to write off uncollected check balances covering motor vehicle license fees; and for other purposes. Referred to the Committee on Ways and Means. SR 194. By Senator Thompson of the 32nd: A Resolution to authorize the Department of Revenue to write off uncollected check balances covering motor fuel highway use permits and taxes; and for other purposes. Referred to the Committee on Ways and Means. SB 424. By Senators Sutton of the 9th, Herndon of the 10th and Young of the 13th: A Bill to be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, so as to change the provisions relative to certain Senatorial Districts; and for other purposes. Referred to the Committee of Legislative & Congressional Reapportionment. 712 JOURNAL OP THE HOUSE, SB 479. By Senators Garrard of the 37th, Parker of the 31st and Lester of the 23rd: A Bill to be entitled an Act to amend Code Section 26-2101, relating to distributing obscene materials, so as to change the provisions relative to obscene materials; to provide that certain devices shall be obscene; and for other purposes. Referred to the Committee on Judiciary. SB 483. By Senator Fincher of the 54th: A Bill to be entitled an Act to amend an Act creating a State Board of Registration for Used Car Dealers, so as to provide for the bonding of persons licensed thereunder; and for other purposes. Referred to the Committee on Motor Vehicles. SB 489. By Senators Hamilton of the 26th, Lester of the 23rd, Dean of the 6th and others: A Bill to be entitled an Act to provide for the payment of an expense allowance to jurors in lieu of compensation in the nature of a salary; to amend Code Title 59, relating to juries, so as to provide for the fixing and payment of expense allowances to jurors in lieu of and in the same manner as compensation presently paid; and for other purposes. Referred to the Committee on Special Judiciary. SB 502. By Senator Jackson of the 16th: A Bill to be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, so as to designate the month of February of each year as "American History Month" in the State of Georgia; and for other purposes. Referred to the Committee on State of Republic. SB 504. By Senator Rowan of the 8th: 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 instruction of pupils who are married, a parent, or pregnant, whether married or unmarried; and for other purposes. Referred to the Committee on Education. SB 505. By Senators Parker of the 31st and Duncan of the 30th: A Bill to be entitled an Act to create a new judicial circuit for the State WEDNESDAY, JANUARY 30, 1974 713 of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas; and for other purposes. Referred to the Committee on Judiciary. SB 507. By Senator Webb of the llth: A Bill to be entitled an Act to repeal an Act creating the State Court of Miller County (formerly the City Court of Miller County); and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. SB 513. By Senator Holloway of the 12th: A Bill to be entitled an Act to amend an Act relating to a health insurance plan for State employees, so as to provide for the investment of funds of the health insurance fund; and for other purposes. Referred to the Committee on Insurance. SB 529. By Senators Stephens of the 36th, Johnson of the 38th, Ward of the 39th and others: A Bill to be entitled an Act to repeal an Act which applied to certain municipalities (population more than 300,000) the zoning and planning provisions of an Act approved on January 31, 1946 (Ga. L. 1946, pp. 191, et seq.) ; and for other purposes. Referred to the Committee on State Planning & Community Affairs Local Legislation. Mr. Harris of the 51st asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: HB 165. By Messrs. Busbee of the 114th, Pinkston of the 89th, Triplett of the lllth and others: A Bill to be entitled an Act to amend Code Chapter 13-2 relating to preliminary provisions relative to banks and banking, so as to change the provisions relative to bank holding companies; and for other purposes. Mr. Groover of the 75th objected. Mr. Harris of the 51st moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 165. 714 JOURNAL OP THE HOUSE, On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Alexander, W. H. Alien Bailey Beckham Bennett Berlin Blackshear Bond Brantley, H. H. Brown, B. D. Brown, S. P. Busbee Carr Clark Coney Connell Davis, E. T. Dean, Gib Dent Dickey Egan Ellis Ezzard Farrar Ployd, L. R. Gesisinger Gignilliat Greer Hamilton Harris, J. R. Hatcher Hawes Hill, B. L. Horton, G. T. Hutchinson Irvin,R. Jones Keyton King Lane, Dick Larsen, W. W. Le vitas Marcus Matthews, D. R. McDaniell Miles Moyer Mulherin Odom Patten, R. L. Pearce Petro Phillips, G. S. Russell, W. B. Sams Savage Thompson Townsend Triplett Tucker Vaughn Waddle Wamble Willis Wilson, M. L. Those voting in the negative were Messrs. Adams, J. H. Adams, John Adams, Marvin Atherton Bohannon Bostick Brantley, H. L. Bray Brown, C. Buck Burruss Carlisle Carrell Castleberry Cole Collins, M. Colwell Dean, J. E. Dean, N. Dorminy Duke Edwards Evans Fraser Grahl Grantham Groover Harrington Harris, J. F. Harrison Hays Horton, W. L. Howard Howell Hudson Irvin, J. Irwin Jessup Johnson Karrh Kreeger Lane, W. J. Lee Lewis Logan Lowrey Mason Matthews, C. Mauldin McCracken McDonald Milford Morgan Mullinax Noble Northcutt Oxford Patten, G. C. Patterson Peters Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Shanahan Smith, J. R. Smith, V. B. Snow Stephens Thomason Toles Turner WEDNESDAY, JANUARY 30, 1974 715 Twiggs Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood Those not voting were Messrs.: Adams, G. D. Alexander, W. M. Berry Burton Chance Coleman Collins, S. Daugherty Davis, W. Dixon Dollar Elliott Floyd, J. H. Poster Harden Hill, G. Jordan Knight Lambert Larsen, G. K. McKinney Nessmith Nix Pinkston Shepherd Strickland Sweat Mr. Speaker On the motion, the ayes were 65, nays 87. The motion was lost. By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Ways and Means and referred to the Committee on State Planning and Community Affairs: HR 541-1634. By Mr. Brown of the 89th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from ad valorem taxation certain harvested agricultural products held in Bibb County; and for other purposes. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Highways and referred to the Committee on Judiciary: HB 1623. By Mr. King of the 85th: A Bill to be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", so as to require that certain records pertaining to persons under the influence of intoxicating liquor or drugs shall be preserved for a certain period of time; and for other purposes. 716 JOURNAL OF THE HOUSE, By unanimous consent, the following Bill of the House was withdrawn from the Committee on Insurance and referred to the Committee on Health and Ecology: HB 1676. By Messrs. Oxford of the 101st, Castleberry of the 96th, Edwards of the 95th and others: A Bill to be entitled an Act to amend an Act providing for pre-need funeral service contracts, so as to change certain definitions and provide for additional definitions; to require certain persons to furnish the Comptroller General certified copies of their bank statement or statements showing certain information; to change the provisions relating to revocation of certificates and liquidation proceedings; and for other purposes. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 1431. By Messrs. Shanahan of the 7th, Colwell of the 4th, Ross of the 72nd and others: A Bill to be entitled an Act to amend an Act known as the "Georgia Electrical Contractors Act", approved April 8, 1971 (Ga. Laws 1971, p. 583) so as to change the provisions relative to the issuance of licenses without examination; to provide for an extension of time relative thereto; to provide for certain advertisement; to provide 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. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent WEDNESDAY, JANUARY 30, 1974 717 Dickey Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin,R. Irwin Jessup Jones Jordan Karrh Keyton King Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Wheeler, Bobby Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Bostick Buck Burton Collins, S. Dean, Gib Dixon Dollar Floyd, J. H. Geisinger Hill, B. L. Hill, G. Johnson Knight Lambert Lane, W. J. Mason McKinney Mullinax Nessmith Pinkston Shepherd Sweat Vaughn Ware Wheeler, J. A. Mr. Speaker On the passage of the Bill, the ayes were 154, nays 0. 718 JOURNAL OP THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1455. By Messrs. Rush of the 104th, Colwell of the 4th, Irvin of the 10th and others: A Bill to be entitled an Act to amend an Act known as the "Georgia Correctional Industries Act", so as to change the composition of the Georgia Correctional Industries Administration; and for other purposes. The report of the Committee, which was favorable to the 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 Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Burton Carlisle Carr Chance Clark Coleman Collins, M. Colwell Connell Dent Dixon Dorminy Edwards Ellis Poster Geisinger Gignilliat Grahl Grantham Harden Harrington Harris, J. F. Harrison Hays Hill, B. L, Horton, G. T. Howard Hudson Hutchinson Irvin, J. Jessup Jones Karrh Keyton Lane, Dick Lane, W. J. Larsen, W. W. Lee Lewis Logan Lowrey Matthews, C. Mauldin McCracken McDaniell McDonald Miles Milford Moyer Mulherin Nessmith Nix Northcutt Patterson Pearce Peters Phillips, L. L. Rainey Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Toles Tucker Twiggs Waddle Walker Wheeler, Bobby Wheeler, J. A. Willis WEDNESDAY, JANUARY 30, 1974 719 Those voting in the negative were Messrs. Adams, J. H. Atherton Beckham Brown, S. P. Busbee Castleberry Cole Coney Davis, E. T. Dukes Egan Farrar Floyd, L. R. Fraser Groover Hamilton Harris, J. R. Hatcher Hawes Horton, W. L. Howell Irvin, R. Jordan King Kreeger Larsen, G. K. Le vitas Noble Oxford Patten, G. C. Petro Sams Turner Vaughn Wall Wamble Whitmire Williams Wilson, J. M. Wood Those not voting were Messrs.: Bennett Bostick Bray Carrell Collins, S. Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Dollar Elliott Evans Ezzard Floyd, J. H. Greer Hill, G. Irwin, J. R. Johnson Knight Lambert Marcus Mason Matthews, D. R. McKinney Morgan Mullinax Odom Patten, R. L. Phillips, G. S. Pinkston Reaves Savage Shepherd Thomason Thompson Townsend Triplett Ware Wilson, M. L. Mr. Speaker On the passage of the Bill, the ayes were 98, nays 40. The Bill, having received the requisite constitutional majority, was passed. Mr. Jones of the 109th moved that HB 1455 be immediately transmitted to the Senate. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Berlin Berry Blaekshear 720 Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Burton Carlisle Carr Chance Clark Coleman Collins, M. Colwell Coney Connell Davis, W. Dent Dixon Dorminy Edwards Ellis Ployd, L. R. Foster Geisinger Gignilliat Grahl Grantham JOURNAL OF THE HOUSE, Greer Harden Harris, J. F. Harrison Hays Hill, B. L. Hill, C. Horton, G. T. Hudson Hutchinson li'vin, J. Jessup Jones Karrh Keyton Lane, Dick Lane, W. J. Larsen, W. W. Lewis Lowrey Matthews, C. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Moyer Mulherin Nessmith Nix Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips G. S. Phillips L. L. Rainey Ritchie Roach Rogers Rush Savage Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Toles Triplett Tucker Twiggs Waddle Walker Wamble Wheeler, Bobby Wheeler, J. A. Willis Those voting in the negative were Messrs. Beckham Brantley, H. H. Brown, S. P. Busbee Castleberry Cole Davis, E. T. Duke Egan Farrar Fraser Groover Harris, J. R. Hatcher Hawes Horton, W. L. Howell Irvin, R. Jordan King Larsen, G. K. Noble Oxford Petro Ross Russell, W. B. Sams Shanahan Turner Wall Whitmire Williams Wilson, J. M. Wood Those not voting were Messrs.: Adams, J. H. Atherton Bailey Bennett Carrell Collins, S. Daugherty Dean, Gib Dean, J. E. Dean, N. Dickey Dollar WEDNESDAY, JANUARY 30, 1974 721 Elliott Evans Ezzard Floyd, J. H. Hamilton Harrington Howard Irwin Johnson Knight Kreeger Lambert Lee Levitas Logan Marcus Mason Matthews, D. R. Morgan Mullinax Northcutt Odom Pinkston Reaves Russell, J. Shepherd Thompson Townsend Vaughn Ware Wilson, M. L. Mr. Speaker On the motion, the ayes were 102, nays 34. The motion prevailed, and HB 1455 was ordered immediately transmitted to the Senate. HB 1402. By Mr. Grahl of the 88th: A Bill to be entitled an Act to require all pecan processors and wholesalers in the State of Georgia to secure a license from the Department of Agriculture; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. 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 Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dorminy Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. 722 Poster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Ho well Hutchinson Irvin, J. Irvin,R. Irwin Jessup Jones Jordan. Karrh King Knight Kreeger JOURNAL OF THE HOUSE, Lane, Dick Lane, W. J. Larsen, G. K. Lee Lewis Lowrey Marcus Mason Matthews, D. R. Mauldin McDaniell McDonald McKinney 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. Rainey Reaves Roach Rogers Ross Sams Savage Shanahan Sheperd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Townsend Triplett Turner Twiggs Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood Those not voting were Messrs.: Bennett Brantley, H. L. Bray Daugherty Dean, N. Dixon Dollar Elliott Ezzard Floyd, J. H. Hamilton Hudson Johnson Keyton Lambert Larsen, W. W. Levitas Logan Matthews, C. McCracken Miles Pinkston Ritchie Rush Russell, J. Russell, W. B. Strickland Tucker Vaughn Ware Wilson, M. L. Mr. Speaker On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, JANUARY 30, 1974 723 HB 1302. By Mr. Brantley of the 92nd: A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, as amended, so as to change and clarify the composition of certain Representative Districts; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Sept.-Oct. Ex. Sess., p. 22), and an Act approved March 16, 1972 (Ga. Laws 1972, p. 250), so as to change and clarify the composition of certain Representative Districts; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Code Section 47-101, relating to the apportionment of the House of Representatives, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Sept.-Oct. Ex. Sess., p. 22), and an Act approved March 16, 1972 (Ga. Laws 1972, p. 250), is hereby amended by striking the language of said Section in its entirety and inserting in lieu thereof new language to read as follows: "There shall be 180 members of the House of Representatives and such membership shall be apportioned among the Representative Districts provided for hereinafter. Each such District shall be composed either of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter, and shall be represented by the number of Representatives provided for hereinafter. District No. 1 2 Representatives Dade North Dade CCD 5 Sand Mountain CCD 10 ED 5 Walker Beverly Hills CCD 5 Chattanooga Valley CCD 10 Chickamauga CCD 15 Fairyland CCD 20 LaFayette Linwood CCD 30 LaFayette North CCD 35 Rock Springs CCD 45 Rossville CCD 50 724 JOURNAL OF THE HOUSE, District No. 2--1 Representative Catoosa Boynton Ridge CCD 5 Fort Oglethorpe--Westside CCD 15 Lakeview CCD 20 Ringgold CCD 25 District No. 3--1 Representative Catoosa Catoosa Springs CCD 10 Murray Whitfield North Central CCD 10 ED 14 North Whitfield CCD 15 Westside CCD 25 ED's 4 and 5 District No. 4--2 Representatives Fannin Gilmer Lumpkin Rabun Towns Union White Cleveland CCD 5 ED's 6 and 7 Helen CCD 10 District No. 5--1 Representative Chattooga Dade Sand Mountain CCD 10 ED 6 Upper Lookout Creek CCD 15 Walker Kensington CCD 25 District No. 6--2 Representatives Walker LaFayette South CCD 40 Villanow CCD 55 Whitfield Dalton CCD 5 North Central CCD 10 WEDNESDAY, JANUARY 30, 1974 725 ED's 8, 9,10, 10B, 11, 12,13 and 15 Valley Point CCD 20 Westside CCD 25 ED's 6 and 7 District No. 7--1 Representative Bartow Adairsville CCD 5 ED's 8 and 9 Gordon District No. 8--3 Representatives Bartow Adairsville CCD 5 ED's 5, 6 and 7 Cartersville CCD 10 Emerson CCD 15 Euharlee--Taylorsville CCD 20 Kingston CCD 25 Ladds CCD 30 White--Pine Log CCD 35 Cherokee Dawson Pickens District No. 9--3 Representatives Forsyth Hall District No. 10--1 Representative Banks Baldwin CCD 5 Davis Academy CCD 10 Homer CCD 15 Stephens District No. 11--1 Representative Habersham White Cleveland CCD 5 ED's 4, 5 and 8 Mossy Creek CCD 15 District No. 12--1 Representative Banks Maysville CCD 20 Barrow Statham CCD 15 ED 2 726 JOURNAL OF THE HOUSE, Winder CCD 20 ED's 10 and 11 Jackson District No. 13--3 Representatives Elbert Franklin Greene Greshamville CCD 10 Union Point CCD 20 Woodville CCD 30 Hart Madison Oconee Elder CCD 10 Watkinsville CCD 15 Oglethorpe District No. 14--1 Representative Floyd Coosa CCD 22 Rome CCD 40 ED's 17, 18, 19, 20, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 51, 52, 53, 54A, 54B, 55A, 55B, 68, 69, 70, 71A and 71B District No. 15--1 Representative Floyd Armuchee CCD 10 Berry Hill CCD 15 Riverside CCD 35 Rome CCD 40 ED's 15, 16, 21, 22, 23, 24, 25A, 25B, 26, 27, 28, 29, 30, 47, 50, 67, 73, 74 and 75 Shannon CCD 45 Spring- Creek CCD 50 ED 78 District No. 16--1 Representative Floyd Cave Spring CCD 20 Desoto Park CCD 25 Lindale--Gaither CCD 30 Rome CCD 40 ED's 31, 32, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 72 Spring Creek CCD 50 ED's 79, 80 and 81 WEDNESDAY, JANUARY 30, 1974 727 Polk Cedartown North CCD 12 District No. 17--1 Representative Polk Aragon CCD 5 Cedartown CCD 10 Cedartown South CCD 22 Rockmart CCD 25 District No. 18--1 Representative Haralson Paulding Dallas CCD 5 ED 11 Hiram CCD 10 Huntsville CCD 15 ED's 1 and 3 Yorkville CCD 20 District No. 19--3 Representatives Cobb Acworth--Kennesaw CCD 5 Austell CCD 10 Fair Oaks CCD 15 Mableton CCD 20 Tract 313.01 ED 315A Tract 313.03 ED 316 Blocks 101, 102, 103,104, 314, 315, 316, 317 and 318 Marietta CCD 25 Tracts 302, 303, 306, 307, 308, 309, 310.01 and 310.02 Powder Springs CCD 35 Paulding Dallas CCD 5 ED's 7, 8, 9, 10 and 12 Huntsville CCD 15 ED 2 District No. 20--3 Representatives Cobb Mableton CCD 20 Tract 313.01 ED's 314A, 314B and 31BC Tract 313.02 ED's 322, 323, 324 and 325 Tract 313.03 ED 316 Blocks 105 through 111 ED's 317, 318A, 318B, 319A, 319B, 320A, 320B and 321 Tract 314 ED 315B 728 JOURNAL OF THE HOUSE, Marietta CCD 25 Tracts 304 and 305 Northeast Cobb CCD 30 Smyrna CCD 40 Vinings CCD 45 District No. 21--2 Representatives Cobb Paulding Dallas CCD 5 ED's 7, 8, 9, 10 and 12 Huntsville CCD 15 ED 2 District No. 22--1 Representative Fulton Sandy Springs CCD 50 Tracts 98 and 100 Tract 101.01 Blocks 101, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121 and 914 Tract 102.01, except Blocks 310, 901 and 902 Tract 102.02 District No. 23--1 Representative Fulton Alpharetta CCD 5 Roswell CCD 45 Sandy Springs CCD 50 Tract 101.01 Blocks 102, 103, 104, 122, 123, 124, 125, 902, 903, 905, 906, 907, 908, 909, 910, 911, 912 and 913 Tract 101.02 District No. 24--1 Representative Fulton Atlanta CCD 10 Tract 88 Blocks 101, 105, 106, 107, 108, 109, 110, 113, 114, 115, 116, 202, 203, 204, 205, 207, 208 and 209 Tract 89 Blocks 511, 606, 607, 608, 610, 611, 612 and 614 Tract 95 All Blocks numbered in 100's Tract 96 All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 302 and 304 All Blocks numbered in 700's All Blocks numbered in 800's Tracts 97, 98, 99, 100, 101.01 and 102.01 WEDNESDAY, JANUARY 30, 1974 729 Sandy Springs CCD 50 Tract 102,01 Blocks 310, 901 and 902 District No. 25--1 Representative Pulton Atlanta CCD 10 Tracts 4 and 5 Tract 6 Blocks 101,102 and 103 Tract 11 Blocks 101, 102, 103, 104, 105, 106, 107, 108 and 109 Tract 90 Blocks 101, 102, 103, 104, 306, 307, 308, 309, 310, 311, 312, 313, 314, and 315 Tracts 91 and 93 Tract 95 All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's Tract 96 Blocks 303, 305, 306, 307, 308, 309 and 310 All Blocks numbered in 400's All Blocks numbered in 500's All Blocks numbered in 600's District No. 26--1 Representative Fulton Atlanta CCD 10 Tracts 1, 2,14, 15 and 16 Tract 30 Blocks 101, 102, 106, 107, 203, 204, 207, 208, 306, 307, 308, 309, 310 and 311 Tracts 92 and 94 District No. 27--1 Representative Fulton Atlanta CCD 10 Tract 6, except Blocks 101, 102 and 103 Tract 10 Tract 11 Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209 and 210 Tract 12 Tract 13 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's Blocks 406, 407, 408 and 409 Tract 88 Blocks 102, 103, 104, 117, 118, 119, 120, 201, 210, 211, 212, 213, 214, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402 and 403 Tract 89 All Blocks numbered in 100's All Blocks numbered in 200's 730 JOURNAL OF THE HOUSE, All Blocks numbered in 300's All Blocks numbered in 400's All Blocks numbered in 500's, except Block 511 Blocks 601, 602, 603, 604, 605 and 609 Tract 90 Blocks 105, 106, 107, 108, 109, 110 and 111 All Blocks numbered in 200's Blocks 301, 302 303, 304 and 305 District No. 28--1 Representative Fulton Atlanta CCD 10 Tract 13 Blocks 401, 402, 403, 404, 405, and 410 Tracts 17, 18, 19, 27, 28 and 29 Tract 30 Blocks 210, 211, 212, 213, 301, 302, 303, 304, 305 and 312 Tracts 32, 33, 35, 45 and 50 Tract 53 Blocks 101, 102, 103, 104, 105 and 106 and 107 District No. 29--1 Representative Fulton Atlanta CCD 10 Tracts 46, 47, 48 and 49 Tract 53 Blocks 307, 308 and 311 All Blocks numbered in 400's All Blocks numbered in 500's Tracts 55.01 and 56 Tract 55.02, except that portion contained in District No. 37 Tract 63 Blocks 101, 102, 103, 104, 105, 106, 107, 108 and 109 All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's District No. 30--1 Representative Fulton Atlanta CCD 10 Tract 30 Blocks 103, 104, 105, 109, 110, 201, 202 and 205 Tracts 31 and 52 Tract 53 Blocks 108, 109, 110 and 111 All Blocks numbered in 200's Blocks 301, 302, 303, 304, 305, 306, 309 and 310 Tract 64 Tract 67 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's Blocks 501, 502, 503, 504, 506 and 507 WEDNESDAY, JANUARY 30, 1974 731 Tracts 68 and 69 Tract 70 All Blocks numbered in 100's Blocks 302, 303, 304, 305, 306, 307 and 308 All Blocks numbered in 400's All Blocks numbered in 700's Tract 71 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 204, 205, 206, 207, 209 and 201 District No. 31--1 Representative Fulton Atlanta CCD 10 Tracts 7, 8, 9, 20, 21, 22 and 23 Tract 24 All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 302 and 303 Tracts 26 and 36 Tract 84 Blocks 101, 103 and 104 Tract 85 Blocks 101, 104 and 105 District No. 32--1 Representative Fulton Atlanta CCD 10 Tracts 25, 37 and 38 Tract 41 Blocks 101, 102, 103, 104, 105, 107, 108, 109, 110, 201, 202, 203, 204, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305 and 306 All Blocks numbered in 400's Tracts 42, 43 and 44 Tract 57 Tract 58 All Blocks numbered in 100's Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 and 213 Tract 59 Tract 62 All Blocks numbered in 100's Tract 63 Blocks 110, 111 and 112 District No. 33--1 Representative Fulton Atlanta CCD 10 Tract 83.01 Tract 83.02 All Blocks numbered in 100's Blocks 201, 202, 203, 303, 304, 305 and 306 All Blocks numbered in 400's Tract 84 Blocks 102, 105,106, 108 and 109 732 JOURNAL OP THE HOUSE, All Blocks numbered in 200's All Blocks numbered in 300's Blocks 403, 502, 503, 504, 505, 506, 507, and 508 Tract 85 Blocks 102, 106, 107, 108, 109,110, 111 and 112 All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's All Blocks numbered in 500's Tract 86.01 Blocks 302, 303, 304, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, and 414 All Blocks numbered in 500's District No. 34--1 Representative Fulton Atlanta CCD 10 Tract 24 Blocks 304, 305, 306, 307 and 308 All Blocks numbered in 400's All Blocks numbered in 500's Tracts 39 and 40 Tract 41 Blocks 106, 205, 308, 309 and 310 Tracts 60 and 61 Tract 66.02 All Blocks numbered in 200's Tract 80 Blocks 101 and 207 Tract 81.01 Tract 81.02 All Blocks numbered in 100's Tract 83.02 Blocks 205, 206, 207, 301 and 302 Tract 84 Blocks 401, 402, 404, 405, 406, 407 and 501 District No. 35--1 Representative Fulton Atlanta CCD 10 Tract 82.01 All Blocks numbered in 100's Blocks 201, 202, 203, 204, 205, 206, 207, 208, 214, 215, 216, 217, 218 and 219 Tract 82.02 Blocks 901, 902, 903, 904 and 905 Tract 86. 01 All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402 and 403 Tracts 86.02, 87.01 and 87.02 Tract 88, except the following: All Blocks numbered in 100's All Blocks numbered in 200's WEDNESDAY, JANUARY 30. 1974 733 Blocks 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402 and 403 District No. 36--1 Representative Fulton Atlanta CCD 10 Tract 58 Blocks 214, 215 and 216 Tracts 62 All Blocks numbered in 200's All Blocks numbered in 300's Tracts 65 and 66.01 Tract 66.02 All Blocks numbered in 100's Tracts 74 and 75 Tract 76.01 Blocks 101, 102, 103, 104, 901 and 902 Atlanta CCD 10 and Hapeville CCD 35 Tract 108 District No. 37--1 Representative Fulton Atlanta CCD 10 Tract 55.02 Blocks 204, 205, 213, 214, 215, 218, 219, 220, 221, 225, 226, 227 and 228 Tracts 67 Blocks 508, 509 and 510 All Blocks numbered in 600's All Blocks numbered in 700's Tract 70 All Blocks numbered in 200's Block 301 All Blocks numbered in 500's All Blocks numbered in 600's Tract 71 Blocks 110, 112, 113, 201, 202 and 203 All Blocks numbered in 300's Tracts 72 and 73 District No. 38--1 Representative Fulton Atlanta CCD 10 Tract 79 Blocks 101, 102, 103,109, 110, 111, 112, 209, 210, 211, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 317, 318, 319 and 320 Tract 81.02 All Blocks numbered in 200's Tract 82.01 Blocks 209, 210, 211, 212, 213, 220, 221, 222, 223 and 224 Tract 82.02 All Blocks numbered in 100's All Blocks numbered in 200's Atlanta CCD 10 and Campbellton CCD 15 734 JOURNAL OP THE HOUSE, Tract 77.01 Blocks 306, 307, 308, 309, 310, 311, 312, 313, 314, 902, 903, 904 and 905 Tract 78.01, except Blocks 936 and 937 Tract 78.02 Block 916 District No. 39--1 Representative Fulton Atlanta CCD 10 Tract 76.01 Blocks 105, 106, 107, 108, 109 and 110 All Blocks numbered in 200's Tract 76.02 Tract 79 Blocks 105, 106, 107, 108, 201, 202, 203, 204, 205, 206, 207, 208, 212 and 316 Tract 80, except Blocks 101 and 207 Tract 103 Atlanta CCD 10 and Campbellton CCD 15 Tract 77.01 All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 302, 303, 304, 305, 901 and 906 All Blocks numbered in 400's Tract 77.02 Tract 78.02, except Blocks 103, 104, 105, 914, 915 and 916 District No. 40--1 Representative Fulton College Park CCD 20 Tract 107 East Point CCD 25 Tracts 109, 110, 111, 112.01 and 112.02 Tract 113.01 Blocks 201 and 202 District No. 41--1 Representative Fulton Atlanta CCD 10 and Campbellton CCD 15 Tract 78.01 Blocks 936 and 937 Tract 78.02 Blocks 103, 104, 105, 914 and 915 Campbellton CCD 15 Tract 103 College Park CCD 20 Tract 106.01 Tract 106.02 All Blocks numbered in 100's Blocks 201, 202, 207, 208, 209, 210 and 902 East Point CCD 25 Tract 113.01 All Blocks numbered in 100's WEDNESDAY, JANUARY 30, 1974 735 Blocks 203, 204, 205, 206, 207, 208 and 209 All Blocks numbered in 300's All Blocks numbered in 400's All Blocks numbered in 500's All Blocks numbered in 600's East Point CCD 25 and Fairburn--Union CCD 30 Tract 113.02 Fairburn--Union CCD 30 Tract 105.02 Block 921 District No. 42--1 Representative Pulton College Park CCD 20 Tract 106.02 Blocks 203, 204, 205, 206, 213, 214, 215, 216, 217, 218, 219, 220 221, 222, 223, 224, 225,226, 227 and 228 All Blocks numbered in 300's All Blocks numbered in 900's except Block 902 Fairburn--Union CCD 30 Tract 105.01 Tract 105. 02 ED's 831, 832, 834, 835A, 835B, 835C, 838, 839 and 840 Blocks 922, 923, 924, 925, 926, 927, 928 and 929 Palmetto CCD 40 Tract 104 District No. 43--3 Representatives Fulton District No. 44--1 Representative DeKalb Chamblee--Doraville CCD 20 Tract 212.01 Tract 212.02 Block 102 Tract 212.03 Block 101 Tract 212.04 Blocks 101 and 103 Tracts 213.01, 213.03 and 213.04 District No. 45--1 Representative DeKalb Chamblee--Doraville CCD 20 Tract 211 Tract 212.02, except Block 102 Tract 212.03, except Block 101 Tract 212.04, except Blocks 101, 103, 118, 119, 120, 121, 122 and 901 Tract 214.03 Blocks 101, 102, 103,104, 105, 106, 112, 113, 114, 115 and 116 736 JOURNAL OF THE HOUSE, District No. 46--1 Representative DeKalb Chamblee--Doraville CCD 20 Tract 212.04 Blocks 118,119, 120, 121, 122 and 901 Tract 214.01, except Block 903 Tract 214.02 Tract 214.03, except Blocks 101, 102, 103, 104, 105, 106, 112, 113, 114, 115 and 116 North Druid Hills CCD 55 Tract 216.03 Blocks 102, 103, 104, 902, 905, 906, 907, 908 and 909 District No. 47--1 Representative DeKalb Chamblee--Doraville CCD 20 Tracts 213.02 and 214.04 North Druid Hills CCD 55 Tract 216.01 All Blocks numbered in 100's All Blocks numbered in 200's Tucker CCD 70 Tract 217.02, except all Blocks numbered in 100's Blocks 203, 913, 914, 915, 916, 917, 918, 919 and 920 District No. 48--1 Representative DeKalb Clarkston CCD 25 Tract 220 Blocks 409, 410, 411, 412 and 413 Druid Hills--North Decatur CCD 40 Tract 223.02 North Druid Hills CCD 55 Tract 215 Block 113 Tract 216.01 All Blocks numbered in 300's All Blocks numbered in 400's Tract 216.02 Tract 216.03 Blocks 101, 105 and 901 Scottdale CCD 60 Tract 222 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110 and 513 Tucker CCD 70 Tract 217.01 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's Blocks 901, 902 and 903 Tract 217.02 Block 203 WEDNESDAY, JANUARY 30, 1974 737 District No. 49--1 Representative DeKalb Clarkston CCD 25 Tract 220 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 115 and 116 Tucker CCD 70 Tract 217.01 Blocks 904, 905 and 906 Tract 217.02 Blocks 101 through 106, 108 through 111, 913, 914, 915, 916, 917, 918, 919 and 920 Tract 218.01 Tract 218.02 Blocks 101,102, 103,104, 105, 206, 207, 208, 209, 210, 211, 212, 213, 901, 910, 911, 912, 913, 914, 915 and 916 District No. 50--1 Representative DeKalb Atlanta CCD 5 Tract 201 Tract 202 Blocks 114, 115, 116, 117, 118, 119 and 120 Chamblee--Doraville CCD 20 Tract 214.01 Block 903 Druid Hills--North Decatur CCD 40 Tracts 224.01 and 224.02 Tract 224.03 Blocks 310, 401, 402, 403, 404, 405, 406, 407, 408, 410 and 411 North Druid Hills CCD 55 Tract 215, except Block 113 Tract 216.03 Blocks 106, 107, 108, 109 and 904 District No. 51--1 Representative DeKalb Atlanta CCD 5 Tract 202, except that portion contained in District No. 50 Tracts 203 and 204 Decatur CCD 35 Tract 225 Tract 226 Blocks 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 501, 502, 503, 504, 505, 506, 508 and 509 Tract 227 Tract 228 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 312, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411 and 412 Druid Hills--North Decatur CCD 40 Tract 224.03, except that portion contained in District No. 50 738 JOURNAL OF THE HOUSE, District No. 52--1 Representative DeKalb Avondale Estates--Belvedere CCD 10 Tract 229, except that portion contained in District No. 53 Tract 230 Tract 231 02 Blocks 102,103, 108, 109, 302, 303, 304, 305, 306 and 307 Decatur CCD 35 Tract 226, except that portion contained in District No. 51 District 228, except that portion contained in District No. 51 Druid Hills--North Decatur CCD 40 Tract 223.01 Scottdale CCD 60 Tract 222, except Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110 and 513 District No. 53--1 Representative DeKalb Atlanta CCD 5 Tract 208 Blocks 101, 102, 103, 208, 209, 210, 211, 212, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 321, 401, 402, 404, 405 and 406 Avondale Estates--Belvedere CCD 10 Tract 229 Blocks 410, 603, 604, 605, 606 and 607 Tract 231.01 Tract 231.02, except that portion contained in District No. 52 Tract 231.03 Blocks 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 401, 402, 403, 406, 407, 408 and 416 Tract 231.04 Blocks 308, 309, 401, 402, 403, 404, 405, 406 and 409 Candler--Glenwood CCD 15 Tract 235.01 Blocks 206, 207, 208, 209, 210 and 211 Clarkston CCD 25 Tract 220 Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 906, 907, 909, 910, 925, 926, 927, 928, 929 and 936 Scottdale CCD 60 Tract 221 District No. 54--1 Representative DeKalb Atlanta CCD 5 Tracts 205, 206 and 207 Tract 208, except that portion contained in District No. 53 Candler--Glenwood CCD 15 Tract 237 Blocks 101,102 and 103 WEDNESDAY, JANUARY 30, 1974 739 District No. 55--1 Representative DeKalb Atlanta CCD 5 Tract 209 Candler--Glen wood CCD 15 Tract 236 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's Block 405 All Blocks numbered in 600's All Blocks numbered in 700's All Blocks numbered in 800's Tract 237, except that portion contained in District No. 54 Constitution--Panthersville CCD 30 Tract 238.01, except Blocks 301, 304, 308 and 309 Tract 238.02 Block 913 Tract 238.03 Blocks 407, 408 and 409 District No. 56--3 Representatives DeKalb Avondale Estates--Belvedere CCD 10 Tract 231.03, except that portion contained in District No. 53 Tract 231.04, except that portion contained in District No. 53 Candler--Glenwood CCD 15 Tract 235.01, except that portion contained in District No. 53 Tracts 235.02 and 235.03 Tract 236, except that portion contained in District No. 55 Constitution--Panthersville CCD 30 Tract 234.01 Tract 234.02, except ED 429 Tract 238.01 Blocks 301, 304, 308 and 309 Tract 238.02, except Block 913 Tract 238.03, except Blocks 407, 408 and 409 Lithonia CCD 45 Tract 232 except ED 428 and Blocks 101, 102, 103, 104, 105, 106, 107, 904, 907, 908, 909, 915, 916, 918 and 919. District No. 57--1 Representative DeKalb Constitution--Panthersville CCD 30 Tract 234.02 ED 429 Lithonia CCD 45 Tract 233 ED's 420, 421, 422 and 425 Rockdale District No. 58--1 Representative DeKalb Clarkston CCD 20 740 JOURNAL OP THE HOUSE, Tract 220 Blocks 213 through 230, 301, 302, 911 through 920, 923, 924, and 930 through 935 Lithonia CCD 45 Tract 232 ED 427, except Block 903 ED 428 Blocks 101, 102, 103,104,105, 106, 107 and 915 Tract 233 ED's 423A ,423B and 424 Stone Mountain CCD 65 Tucker CCD 70 Tract 218.02, except Blocks 101 through 105, 206 through 213, 901, and 910 through 916 District No. 59--1 Representative Gwinnett Lilburn CCD 20 Snellville--Grayson CCD 30 District No. 60--1 Representative Gwinnett Buford CCD 5 Norcross CCD 25 Suwanee--Duluth CCD 35, except ED 16 District No. 61--1 Representative Barrow Auburn CCD 5 Bethlehem CCD 10 Gwinnett Dacula--Rocky Creek CCD 10 Lawrenceville CCD 15 Suwanee--Duluth CGD 35 ED 16 District No. 62--1 Representative Clarke Athens CCD 5 Tracts 1 and 2 Tract 3 ED's 10,11, 12, 13 and 15 Tracts 6, 7, 8, 9 and 13 District No. 63--1 Representative Clarke Athens CCD 5 Tract 3 ED's 14 and 73 Tracts 4, 5, 10, 11, 12 and 15 Whitehall CCD 15 ED's 69, 70A, 70B and 72 WEDNESDAY, JANUARY 30, 1974 741 District No. 64--1 Representative Barrow Statham CCD 15 ED's 1 and 3 Winder CCD 20 ED's 4, 5A, 5B, 5C, 5D, 6,.7, 8, 9 and 12 Clarke Middle Oconee CCD 10 Whitehall CCD 15 ED's 68 and 71 Winterville CCD 20 Oconee Bogart CCD 5 District No. 65--1 Representative Douglas Billarp CCD 5 Douglasville CCD 10 Lithia Springs CCD 20 Winston CCD 23 ED's 23 and 24 District No. 66--2 Representatives Carroll Douglas Fairplay CCD 15 Winston CCD 25 ED 25 Heard Centralhatchee CCD 5 Texas CCD 15 EDS District No. 67--1 Representative Coweta McCollum CCD 15 Moreland CCD 20 ED's 28 and 29 Newnan CCD 25 Newnan East CCD 26 Sargent CCD 30 Senoia CCD 35 ED's 24 and 27 District No. 68--1 Representative Coweta Grantville CCD 10 Moreland CCD 20 ED 30 Newnan West CCD 27 742 JOURNAL OF THE HOUSE, Heard Franklin CCD 10 Texas CCD 15 ED 9 Troup Abbottsford CCD 5 Hillcrest CCD 10 Hogansville CCD 15 Mountville CCD 25 Pleasant Grove CCD 35 ED 45 Tatum CCD 40 West Point CCD 45 District No. 69--1 Representative Troup LaGrange CCD 20 Oak Grove CCD 30 Pleasant Grove CCD 35 ED's 43 and 44 District No. 70--1 Representative Meriwether Talbot District No. 71--2 Representatives Coweta Senoia CCD 35 ED's 22, 23, 25 and 26 Fayette Brooks CCD 5 Fayetteville CCD 10 ED's 1 and 3 Tyrone CCD 15 Spalding District No. 72--4 Representatives Clayton Fayette Fayetteville CCD 10 ED's 2 and 4 District No. 73--1 Representative Butts Worthville CCD 30 Henry District No. 74--1 Representative Newton WEDNESDAY, JANUARY 30, 1974 743 District No. 75--1 Representative Morgan Bostwick CCD 5 ED 2 Rutledge CCD 25 Walton District No. 76--1 Representative Lincoln Taliaferro Warren Wilkes District No. 77--1 Representative Columbia McDuffie Thomson North CCD 13 District No. 78--1 Representative Butts Flovilla CCD 5 Jackson CCD 10 Jackson Rural CCD 15 Jenkinsburg CCD 20 Towaliga CCD 25 Lamar Pike Meansville CCD 10 Williamson CCD 15 Zebulon CCD 20 District No. 79--1 Representative Pike Concord--Molena CCD 5 Upson District No. 80--1 Representative Jasper Hillsboro CCD 10 Monticello CCD 15 ED's 6 and 9 Jones Monroe District No. 81--1 Representative Bulloch 744 JOURNAL OF THE HOUSE, Statesboro CCD 25 Statesboro South CCD 35 ED's 17 and 18 Screven Millhaven CCD 10 Newington CCD 15 Sylvania CCD 25 ED's 4, 5, 6, 7, 8 and 11 District No. 82--1 Representative Bulloch Brooklet CCD 5 Nevils--Stilson CCD 10 Portal CCD 15 Register CCD 20 Statesboro North CCD 30 Statesboro South CCD 35 ED 19 Burke Girard CCD 5 Greens Cut CCD 10 Sardis CCD 25 Screven Hilltonia CCD 5 Rocky Ford CCD 20 Sylvania CCD 25 ED's 9 and 10 District No. 83--1 Representative Burke Keysville CCD 15 MidvjHe CCD 20 Vidette CCD 30 Waynesboro CCD 35 Waynesboro East CCD 40 Waynesboro West CCD 45 Jefferson Louisville CCD 5 Stapleton CCD 10 Wadley CCD 15 District No. 84--1 Representative Jefferson Wrens CCD 20 McDuffie Dearing CCD 5 Thomson CCD 10 Thomson South CCD 25 Richmond All that territory contained in the Fort Gordon CCD 17 of WEDNESDAY, JANUARY 30, 1974 745 Richmond County, except that portion of said CCD which is contained in District No. 90 District No. 85--1 Representative Richmond Augusta CCD 5 Tract 6 ED 53 Blocks 903, 904, 905, 906, 907, 908, 909, 910, 911, 912 and 913 Tract 9 ED's 63, 64, 65, 66 and 67 Tract 14 ED's 76, 77, 78, 79 and 80 Tract 15 South Nellsville CCD 40 Tract 106 ED's 91, 92, 93, 94, 95 and 96 Turpin Place CCD 45 Tract 104 ED's 97, 98 and 99 ED 100 Blocks 313 and 314 District No. 86--1 Representative Richmond Grace-wood CCD 20 Hephzibah CCD 25 Neco CCD 35 Tract 105.02 ED's 128, 129 and 130 ED 131 Blocks 717, 718, 719 and 720 Tract 105.03 District No. 87--1 Representative Richmond Augusta CCD 5 Tract 1 ED 27 Tract 2 ED's 23, 24, 25 and 26 Tracts 3, 4, 7 and 8 Tract 6 ED 53, except Blocks 903 through 913 ED's 54, 55, 56, 57 and 58 Tract 9 ED's 68 and 69 Tract 10 ED's 37, 39, 40 and 41 Tract 14 ED 81 Lakemont CCD 30 Tract 101 ED's 5 and 7 746 JOURNAL OF THE HOUSE, South Nellsville CCD 40 Tract 106 ED 90 District No. 88--1 Representative Richmond Augusta CCD 5 Tract 1 ED's 28, 29, 30 and 31 Tract 10 ED 38 Tracts 11,12 and 13 Lakemont CCD 30 Tract 101 EDS Turpin Place CCD 45 Tract 104 ED 100, except Blocks 313 and 314 ED's 101, 102 and 103 Tuxedo Park CCD 50 Tract 103 ED's 104, 105,106,107,108 and 110 District No. 89--1 Representative Richmond Augusta CCD 5 Tract 16 Augusta West CCD 6 Tract 102 That portion of ED 16 contained in Westminster Court and Eton Court of Westminster Subdivision ED 18 Neco CCD 35 Tract 105.01 ED's 133, 134, 136, 137, 138A and 138B Tract 105.02 ED's 119, 120, 121, 122, 123, 124, 125A, 125B, 126 and 127 ED 131, except Blocks 717 through 720 ED 132 Tuxedo Park CCD 50 Tract 103 ED 109 District No. 90--1 Representative Richmond Augusta CCD 5 Tract 2 ED 22 Augusta West CCD 6 Tract 102 ED's 12A, 12B, 13, 14 and 15 ED 16, except that portion contained in District No. 89 ED's 17, 19, 20 and 21 WEDNESDAY, JANUARY 30, 1974 747 The following portion of Port Gordon CCD 17: All that territory in Fort Gordon lying east of a line beginning at Gate 1 (McKenna Gate) on Highway 78 and running along Fourth Infantry Division Road to Headquarters Road; thence south along Headquarters Road to Tenth Armored Division Road; thence southeast along Tenth Armored Division Road to Gate 5 on Highway 1 Lakemont CCD 30 Tract 101 ED's 1,2, 3, 4, 6, 9, 10 and 11 Neco CCD 35 Tract 105.01 ED 135 District No. 91--1 Representative Harris Muscogee Columbus CCD 5 ED's 71A and 71B Columbus North CCD 7 Fort Benning CCD 20 Midland CCD 30 District No. 92--1 Representative Muscogee Columbus CCD 5 Tract 1 ED 92 Tract 22 ED's 80, 82 and 83 Tract 23 ED 85 Tracts 24 and 25 Tract 27 ED's 102A, 102B, 103, 104 and 105 Tract 28 Tract 29.02 ED 114A Tract 30 ED's 133A, 133B, 134 and 135 District No. 93--1 Representative Muscogee Columbus CCD 5 Tract 27 ED 106 Tract 29.02 ED's 114B, 114C, 114D and 114E Tract 30 ED 136 Tracts 31, 32, 33, 34 and 35 Tract 107.03 ED117B Tract 109 Columbus South CCD 10 748 JOURNAL OF THE HOUSE, District No. 94--1 Representative Muscogee Columbus CCD 5 Tract 11 Blocks 201, 202, 203, 204, 205, 206, 207, 208 and 209 Tract 20 Tract 22 ED 79 Tract 29.01 Tract 29.02 ED's 113A and 113B Tract 106.01 ED's 71C, 71D, 71E and 71P Tract 106.02 ED69C Tracts 107.01 and 107.02 Tract 107.03, except ED 117B District No. 95--1 Representative Muscogee Columbus CCD 5 Tract 1, except ED 92 Tract 4 ED 141 Tracts 5, 12, 13, 14, 15, 16, 18 and 19 Tract 22 ED 81 Tract 23 ED 84 Tracts 26 and 110 District No. 96--1 Representative Muscogee Columbus CCD 5 Tract 2 Tract 9 ED 27 Tract 10 Tract 11, except Blocks 201, 202, 203, 204, 205, 206, 207, 208 and 209 Tract 21 Tract 104.02 ED's 18, 19 and 20 Tract 105 Tract 106.02, except ED 69C District No. 97--1 Representative Muscogee Columbus CCD 5 Tract 3 Tract 4, except ED 141 Tracts 6, 7 and 8 Tract 9 ED's 28 and 29 WEDNESDAY, JANUARY 30, 1974 749 Tracts 101, 102, 103 and 104.01 Tract 104.02 ED 17 District No. 98--1 Representative Crawford Macon Ideal CCD 5 Marshallville CCD 10 Peach Byron CCD 5 ED's 1 and 2 Fort Valley CCD 10 District No. 99--1 Representative Bibb Macon CCD 20 Tract 110, except ED's 43 and 44 Tract 111 Tract 117 ED's 23, 25, 26, 27A, 27B and 28 Tract 117 Tract 120 All Blocks numbered in 100's Blocks 901 and 902 Tract 121 Blocks 101, 102, 120, 121 and 123 Tract 128 ED 135 Tract 130 Blocks 101 through 124, 904, 905, 906, 908, 909 and 910 ED 81 Tract 133 Swift Creek CCD 35 District No. 100--1 Representative Bibb Macon CCD 20 Tract 101 ED 59 Tract 102, except ED 65 Tract 110 ED's 43 and 44 Tracts 118 and 119 Tract 120 All Blocks numbered in 200's Block 302 ED's 74 and 166 Tract 121 ED 84 Tract 122 Tract 123, except ED's 97 and 98 750 JOURNAL OF THE HOUSE, Tract 124 Tract 132 ED's 151 and 173 District No. 101--1 Representative Bibb Macon CCD 20 Tract 101 ED's 58, 60 and 61 Tract 102 ED 65 Tracts 103 and 104 Tract 105 ED's 111, 112 and 113 Tract 123 ED's 97 and 98 Tract 125 Tract 126 ED's 145, 146 and 147 Tract 127 ED's 131 and 132 District No. 102--1 Representative Bibb Macon CCD 20 Tract 101 ED's 56, 57 and 62 Tract 105 ED's 114, 115, 116 and 117 Tracts 106, 107, 108 and 109 Tract 111 ED 24 Tracts 112, 113, 114, 115 and 116 District No. 103--1 Representative Bibb Macon CCD 20 Tract 126 ED's 148 and 150 Tract 127 ED's 133 and 134 Tract 128, except ED 135 Tract 129 Tract 130 Blocks 125, 126, 127,128, 901, 902, 903 and 907 Tract 131 ED 179 Rutland CCD 25 Twiggs District No. 104--1 Representative Bibb Howard CCD 10 Lizella CCD 15 WEDNESDAY, JANUARY 30, 1974 751 Macon CCD 20 Tract 121 Blocks 103 through 116 ED's 80, 82, 83, 85, 168 and 169 Tract 126 ED 149 Tract 131, except ED 179 Tract 132 ED's 152, 153A, 153B, 154, 174, 175, 176,177A and 177B Tract 134 District No. 105--1 Representative Glascock Johnson Balls Perry CCD 10 Kite CCD 15 Wrightsville CCD 20 Washington District No. 106--1 Representative Emanuel Adrian CCD 5 Oak Park CCD 10 Summertown CCD 15 Swainsboro CCD 20 Twin City CCD 25 ED's 1, 4, 6 and 7 Jenkins Johnson Adrian CCD 5 District No. 107--1 Representative Bryan Candler Emanuel Twin City CCD 25 ED's 2, 3 and 5 Evans Tattnall Collins CCD 5 Reidsville CCD 15 ED's 6 and 9 District No. 108--1 Representative Baldwin Coopers CCD 5 Meriwether CCD 10 ED 20 Midway--Hardwick CCD 15 ED 16, except that portion contained in District No. 109 752 JOURNAL OF THE HOUSE, ED's 17 and 18 Milledgeville CCD 20 ED's 9, 12,13 and 14 Wilkinson District No. 109--1 Representative Baldwin Meriwether CCD 10 ED's 19, 21 and 22 Midway--Hardwick CCD 15 ED 15 That portion of ED 16 described as follows: Beginning at a point where Laboratory Drive intersects Georgia Highway 112; thence westerly along Laboratory Drive to a point where Laboratory Drive intersects Garrard Road; thence northerly along Garrard Road to a point where Garrard Road intersects Mobley Road; thence westerly along Mobley Road to a point where Mobley Road intersects Twin Road; thence northeasterly and northerly along Twin Road to a point where Twin Road intersects Broad Street; thence westerly along Broad Street to a point where Broad Street intersects Swint Avenue; thence northerly along Swint Avenue to a point where Swint Avenue intersects the northern boundary of ED 16; thence easterly and southerly along the northern boundary of ED 16 to a point where said boundary intersects Georgia Highway 112; thence southerly along Georgia Highway 112 to the point of beginning. Milledgeville CCD 20 ED's 5 through 8,10 and 11 Union Point CCD 25 Putnam District No. 110--1 Representative Chattahoochee That portion of Fort Benning CCD 10 described as follows: Beginning at the intersection of Talbot, Marion and Chattahoochee Counties' boundary lines, westward along the Chattahoochee boundary (described by Upatoi Creek) to its intersection with the Chattahoochee River; thence south along a straight line connecting the Chattahoochee River-Upatoi Creek intersection with the intersection of Tenth Division Road, Fort Benning, Georgia and Edwards Street; thence southeast along Edwards Street to its intersection with Carpenter Street; thence northeast along Carpenter Street to its intersection with Ingersoll Street; thence southeast along Ingersoll Street to its intersection with Dixie Road; thence east along Dixie Road to its intersection with Collins Loop; thence south on Celling Loop continuing southerly, said road then known as Lumpkin Trail; thence southeast to its intersection with East-West Grid Line 80 on Military Map A.F.P.P. 39; thence along Grid Line 80 east, ten (10) miles to its intersection with Fort Benning Military Reservation boundary line; thence southeast along this line to its intersection with the WEDNESDAY, JANUARY 30, 1974 753 Marion County-Chattahoochee County line; thence north along the Chattahoochee County line to the beginning point. Marion Taylor District No. Ill--1 Representative Chattahoochee Cussetta CCD 5 Fort Benning CCD 10, except that portion contained in District No. 110 Quitman Stewart Sumter Plains CCD 25 ED's 20 and 21 Webster District No. 112--1 Representative Greene Greensboro CCD 5 Siloam CCD 15 White Plains CCD 25 Hancock Jasper Eudora CCD 5 Monticello CCD 15 ED's 7 and 8 Shady Dale CCD 20 Morgan Bostwick CCD 5 ED's 1 and 3 Buckhead CCD 10 Godfrey CCD 15 Madison CCD 20 District No. 113--1 Representative Houston Warner Robins CCD 15 ED's 10A, 10B, 11, 12, 13, 14, 15, 16, 17, 18, 22, 23, 24A, 25, 34 and 35 Warner Robins Rural CCD 20 ED's 1, 2,3, 4, 5, 9A and 9B Peach Byron CCD 5 ED 3 District No. 114--1 Representative Houston Warner Robins CCD 15 754 JOURNAL OP THE HOUSE, ED's 19, 20, 21, 24B, 26, 27, 28A, 28B, 29A, 29B, 29C, 30, 31, 32, 33, 36 and 37 Warner Robins Rural CCD 20 ED's 6 and 7 District No. 115--1 Representative Houston Elko CCD 5 Perry CCD 10 Warner Robins Rural CCD 20 EDS Macon Montezuma CCD 15 Oglethorpe CCD 20 Schley District No. 116--1 Representative Sumter Americus CCD 5 Americus Rural CCD 10 Andersonville CCD 15 Leslie--Desoto CCD 20 Plains CCD 25 ED's 19 and 22 District No. 117--1 Representative Bleckley Pulaski Wilcox District No. 118--1 Representative Dodge Laurens Cadwell CCD 10 Cedar Grove CCD 15 Dexter CCD 20 Dudley CCD 35 Rentz CCD 45 Telfair Jacksonville CCD 5 Milan CCD 25 District No. 119--1 Representative Laurens Brewton CCD 5 Dublin CCD 25 Dublin Rural CCD 30 East Dublin CCD 40 WEDNESDAY, JANUARY 30, 1974 755 District No. 120--1 Representative Montgomery Toombs Vidalia COD 15 ED's 10 through 22 Treutlen Wheeler District No. 121--1 Representative Long Ludowici North CCD 6 Ludowici South CCD 11 ED's 3 and 4 Tattnall Glennville CCD 10 Reidsville CCD 15 ED's 7 and 8 Toombs Central Toombs CCD 3 Lyons CCD 5 Vidalia CCD 15 ED's 9 and 23 District No. 122--1 Representative Chatham Savannah CCD 25 Tracts 3, 3.99, 8, 9, 13,15 and 18 Tract 19, except Blocks 201, 202, 210, 211 and 215 Tract 24 Blocks 101, 102, 103, 104, 105, 106, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 308, 309, 310, 311, 312, 313, 314, 315, 316, 318, 319, 320 and 321 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 ED's 162, 163, 164, 165 and 166 Tract 40 Blocks 414, 417, 419, 420, 421, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 523, 524, 526 and 527 District No. 123--1 Representative Chatham Savannah CCD 25 Tracts 5, 5.99,10 and 11 756 JOURNAL OP THE HOUSE, Tract 19 Blocks 201, 202, 210, 211 and 215 Tracts 20 and 21 Tract 22 ED's 100, 101 and 102 Tract 26, except that portion contained in District No. 122 Tract 27 Tract 30 ED 149 Tract 37 ED 86 District No. 124--1 Representative Chatham Savannah CCD 25 Tract 22, except that portion contained in District No. 123 Tracts 35.01 and 35.02 Tract 36.01 Blocks 101, 111, 112, 113, 114, 202, 203, 206, 207, 210, 301, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403, 404, 405, 407, 408, 409, 410, 501, 502, 503, 603, 604, 609 and 610 Tract 36.02 Tract 37, except that portion contained in District No. 123 Tract 39 ED's 182 and 183 Tract 40 ED's 186, 190, 196A and 196B Blocks 110, 111, 112, 113, 114, 406, 407, 408, 409, 410, 411,412 and 413 District No. 125--1 Representative Chatham Montgomery CCD 10 Savannah CCD 25 Tract 36.01 ED 87 Blocks 103, 104, 105,106, 107, 108, 109, 110, 504, 505, 506, 507, 508, 601, 602, 605, 606,607 and 608 Tract 38 Tract 39, except that portion contained in District No. 124 Tract 40 ED's 191, 194 and 195 Savannah Beach--Wilmington CCD 23 Thunderbolt CCD 35 Tract 36.01 ED 209 Tracts 36.02, 39, 101 and 102 District No. 126--1 Representative Chatham Savannah CCD 25 Tract 40 Blocks 517, 518, 519, 520, 521 and 522 WEDNESDAY, JANUARY 30, 1974 757 ED 189, except that portion contained in District Nos. 122 and 124 ED's 197, 198 and 199 Tract 43 Vernonburg--White Bluff CCD 40 District No. 127--1 Representative Chatham Garden City CCD 5 Tract 106.02 ED's 29 and 43B Savannah CCD 25 Tracts 1, 2, 2.99, 6, 7, 12, 17 and 23 Tract 24 Blocks 107, 108, 109, 120, 201, 213, 214, 306, 307 and 317 Tracts 32 and 33 District No. 128--1 Representative Chatham Garden City CCD 5 Tract 105 ED43A Tract 106.01 Tract 106.02, except that portion contained in District No. 127 Tract 106.99 Port Wentworth CCD 20 Savannah CCD 25 Tracts 1.99 and 28 Tract 34 ED's 167 and 168 Tract 40 Blocks 530, 531, 532, 533, 534, 535, 537, 538, 539 and 540 Tracts 44, 105, 106.02, 107 and 108 West Savannah CCD 45 Tract 45 Tract 105 ED's 42 and 48 District 129--1 Representative Chatham Pooler--Burroughs CCD 15 West Savannah CCD 45 Tract 105, except that portion contained in District No. 128 Effingham District No. 130--1 Representative Calhoun Edison CCD 10 Clay Randolph Terrell 758 JOURNAL OF THE HOUSE, District No. 131--1 Representative Baker Calhoun Leary CCD 15 Morgan CCD 20 Dougherty Albany CCD 5 Tracts 4, 5 and 6 Tract 7 All Blocks numbered in 100's Blocks 202 through 206 ED51A Tract 9 and 10 West Dougherty CCD 20 Tracts 4, 5, 10 and 104 Tract 105 ED 107 District No. 1.32--1 Representative Dougherty Albany CCD 5 Tract 11 Tract 14, except ED 86 Tract 15, except ED's 79A and 80 Tracts 105 and 106 West Dougherty CCD 20 Tract 11 Tract 105, except ED 107 Tract 106 District No. 133--1 Representative Dougherty Albany CCD 5 Tract 2, except ED 4C Tract 3 Tract 7 Blocks 207 through 210, 217 through 220, 301 through 305 ED's 49B and 51B Tract 8, 12 and 13 Tract 14 ED 86 Tract 15 ED's 79A and 80 Tract 102 Blocks 101 through 120 Blocks numbered in 200's ED45A East Dougherty CCD 15 Tracts 2 and 3 Tract 102 ED's 4, 5 and 6 WEDNESDAY, JANUARY 30, 1974 759 Tract 107 ED 25 Lee District No. 134--1 Representative Dougherty Albany CCD B Tract 1 Tract 2 ED 40 Tract 102 ED 45B, except Blocks 101 through 120 and all Blocks numbered in the 200's Tracts 103 and 107 East Dougherty CCD 15 Tracts 1 and 101 Tract 102 ED's 8, 9, 10 and 11 Tract 103 Tract 107, except ED 25 Tracts 108, 109 and 110 District No. 135--1 Representative Crisp Arabi CCD 5 Cordele CCD 10 East Crisp CCD 15 West Crisp CCD 20 ED's 16 and 17 Dooly District No. 136--1 Representative Crisp West Crisp CCD 20 ED's 18 and 19 Turner Except Rebecca CCD 10 Worth District No. 137--1 Representative Ben Hill Coffee Ambrose CCD 5 Irwin Turner Rebecca CCD 10 District No. 138--2 Representatives Appling 760 JOURNAL OP THE HOUSE, Brantley Waynesville CCD 15 Jeff Davis Pierce Patterson CCD 15 Telfair Lumber City CCD 10 McRae--Helena CCD 15 McRae--Helena Rural CCD 20 Wayne District No. 139--1 Representative Liberty Long Ludowici South CCD 11 ED 5 Mclntosh District No. 140--1 Representative Calhoun Arlington CCD 5 Early Miller Seminole Donalsonville CCD 5 Steam Mill CCD 15 District No. 141--1 Representative Decatur Grady Calvary--Reno CCD 10 ED's 23 and 24 Seminole Iron City CCD 10 District No. 142--1 Representative Grady Cairo CCD 5 Calvary--Reno CCD 10 ED's 21 and 22 Duncanville CCD 15 Lime Sink CCD 20 Spence CCD 25 Whigham CCD 30 Thomas Meigs CCD 115 Metcalf CCD 20 WEDNESDAY, JANUARY 30, 1974 761 ED's 38 and 40 Ochlocknee CCD 25 Thomasville CCD 35 ED's 17 and 18 Thomasville North CCD 40 ED 36 District No. 143--1 Representative Thomas Boston CCD 5 Coolidge CCD 10 Metcalf CCD 20 ED 39 Pavo--Bar-wick CCD 30 Thomasville CCD 35 ED's 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33A, 33B and 34 Thomasville North CCD 40 ED's 35 and 37 District No. 144--1 Representative Colquitt Doerun CCD 10 Funston CCD 15 Mitchell District No. 145--1 Representative Colquitt Berlin--Ellenton CCD 5 Moultrie CCD 20 Moultrie North CCD 25 Moultrie South CCD 30 Norman Park CCD 35 District No. 146--2 Representatives Berrien Cook Tift District No. 147--1 Representative Brooks Echols Lowndes Clyattville CCD 5 ED's 10, 11, 12 and 13 Hahira CCD 10 ED 8 Lake Park CCD 15 District No. 148--1 Representative Lowndes 762 JOURNAL OF THE HOUSE, Hahira CCD 10 ED's 6 and 7 Pine Grove CCD 25 Valdosta CCD 30 ED's 14, 15, 16, 19, 20, 21, 22, 23, 24, 25 and 32 District No. 149--1 Represenative Lanier Lowndes Clyattville CCD 5 ED 9 Naylor CCD 20 Valdosta CCD 30 ED's 17, 18, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41 and 42 District No. 150--1 Representative Atkinson Clinch Ware except that portion contained in District No. 151 District No. 151--1 Representative Charlton Ware Waycross CCD 30 Waycross South CCD 40 ED 31 That portion of ED 32 lying east of the following described line: Beginning at a point where Georgia Highway No. 177 intersects U. S. Highway No. 1; thence due south along Georgia Highway No. 177 to its point of termination; thence due south along a continuation of said Georgia Highway 177 to the Charlton County boundary line. District No. 152--2 Representatives Bacon Brantley Hoboken CCD 5 Nahunta CCD 10 Camden Coffee Broxton CCD 10 Douglas CCD 15 Nichols CCD 20 West Green CCD 25 Pierce Blackshear CCD 5 Bristol CCD 10 WEDNESDAY, JANUARY 30, 1974 763 District No. 153--1 Representative Glynn Brunswick CCD 5 Dock Junction CCD 10 ED's 16, 21A, 21B and 21C District No. 154--1 Representative Glynn Dock Junction CCD 10 ED's 17, 18, 19, 20, 22, 23 and 24 Everett CCD 15 St. Simons CCD 20 Thalmann CCD 25. A candidate for the House of Representatives in a Representative District having more than one Representative shall designate the Representative Post for which he offers as a candidate. This shall apply to all primaries and elections. Such Posts shall be designated by numbers, beginning with Post Number 1 and ending with the number equaling the total number of Representatives in such District. A mem ber of the House of Representatives must be a resident of the District which he represents and at the time of his election must have been a resident of the territory embraced within such District for at least one year immediately preceding such time. Each Representative shall be elected only by the voters of his Representative District. Provided, however, that in order to be qualified for the 1974 general election in any newly created district lying wholly within a county that, for the purposes of the 1972 general election, was not divided into two or more districts, but which county, for the purposes of the 1974 general election, contains one or more districts, a candidate must have lived within the county in which such newly created district lies for at least one year immediately precding the date of the 1974 general election and must be a resident of the district from which he is elected for the period beginning with the last date for qualifying as a candidate in the primary to nominate candidates for the office of member of the House of Representatives from such district and continuing through the date of the 1974 general election. The first members elected pursuant to the above apportionment provisions shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1975. Until that time the members of the House of Representatives elected under existing apportionment provisions shall continue to serve and shall represent the Districts from which elected, and until that time the composition of the Districts from which such members were elected shall remain the same. The above apportionment provisions shall be effective, however, for the primaries and elections of 1974 for the purpose of electing the members in 1974 who are to take office in 1975. Successors to those members and future successors shall like wise be elected under the above apportionment provisions. For the purposes of this Section, the designation 'CCD' shall mean 'Census County Division'; the designation 'ED' shall mean 'Enumera tion District'; and the word 'Tract' shall mean 'Census Tract'. The 764 JOURNAL OF THE HOUSE, terms 'Census County Division', 'Enumeration District', 'Census Tract' and 'Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia. Any portion of the State of Georgia which is not included in any District described in this Section shall be included within that District contiguous to such portion which contains the least population ac cording to the United States Decennial Census of 1970 for the State of Georgia." Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconconstitutional, 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 origin ally 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 uncon stitutional. Section 3. This Act shall became 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 lost: Mr. Hudson of the 115th moves to amend the Committee Substitute to HB 1302 as follows: By striking from Section 1 the material beginning on line 1 of page 35 and ending on line 14 of page 35 creating Districts Nos. 136 and 137 and substituting in lieu thereof the following: "District No. 136--(Two Representatives) Crisp West Crisp CCD 20 ED's 18 and 19 Turner Except Rebecca CCD 10 Worth Ben Hill Coffee Ambrose CCD 5 WEDNESDAY, JANUARY 30, 1974 765 Irwin Turner Rebecca CCD 10" By renumbering District Nos. 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153 and 154 as Districts Nos. 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152 and 153, respectively. The following amendment was read and adopted: Mr. Knight of the 65th moves to amend HB 1302 by deleting line 39, page 18 through line 16, page 19 and inserting in lieu thereof: District 67 Coweta McCollum CCD 15 Moreland CCD 20 Newnan CCD 25 Newnan East CCD 26 Newnan West CCD 27 ED 18 Sargent CCD 30 Senoia CCD 35 ED's 24 and 27 Total 26,392 Dev. +894 % Dev. +3.51% Total Black 8,246 % Black 31.24% District 68 Coweta Grantville CCD 10 Newnan West CCD 27 Except ED 18 Heard Franklin CCD 10 Texas CCD 15 ED 9 Troop Abbottsford CCD 5 Hillcrest CCD 10 Hogansville CCD 15 Mountville CCD 25 Pleasant Grove CCD 35 ED 45 Tatum CCD 40 West Point CCD 45 Total 24,544 Dev. -954 % Dev. -3.74%. Total Black 7,895 % Black 32.17% 766 JOURNAL OF THE HOUSE, The following amendment was read : Messrs. Larsen, Coleman and Jessup of the 102nd moves to amend the Committee substitute to HB 1302 by deleting lines 19 through 39, page 30, and inserting in lieu thereof the following: "District 117--3 Representatives Bleckley Pulaski Wilcox Dodge Laurens Telfair Jacksonville CCD 5 Milan CCD 25" and further amend said HB 1302 by renumbering the subsequent districts accordingly. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, John Adams, Marvin Bailey Bennett Berlin Bohannon Bostick Bray Brown, C. Brown, S. P. Burton Chance Clark Cole Coleman Colwell Connell Dean, N. Dent Dorminy Edwards Floyd, L. R. Foster Grahl Grantham Groover Hatcher Horton, W. L. Hudson Irwin Jessup Keyton Knight Lambert Larsen, W. W. Lewis Matthews, D. R. McCracken McDonald McKinney Miles Moyer Oxford Patterson Pearce Peters Petro Phillips, G. S. Rainey Ritchie Roach Rogers Rush Savage Shepherd Smith, J. R. Stephens Sweat Thomason Waddle Walker Wall Whitmire Williams Wood WEDNESDAY, JANUARY 30, 1974 767 Those voting in the negative were Messrs. Adams, J. H. Alexander, W. H. Atherton Beckham Blackshear Bond Brantley, H. L. Brown, B. D. Carlisle Carrell Castleberry Collins, S. Daugherty Davis, E. T. Davis, W. Egan Elliott Ellis Evans Farrar Floyd, J. H. Eraser Geisinger Gignilliat Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Hutchinson Irvin, R. Johnson Jordan Karrh Kreeger Lane, W. J. Larsen, G. K. Lee Le vitas Lowrey Marcus Matthews, C. Mauldin Nessmith Nix Noble Odom Patten, R. L. Reaves Ross Russell, J. Russell, W. B. Sams Shanahan Smith, V. B. Snow Thompson Toles Tucker Vaughn Wamble Wilson, J. M. Those not voting were Messrs.: Adams, G. D. Alexander, W. M. Alien Berry Brantley, H. H. Buck Burruss Busbee Carr Collins, M. Coney Dean, Gib Dean, J. E. Dickey Dixon Dollar Duke Ezzard Greer Harrington Hawes Hill, G. Howard Howell Irvin, J. Jones King Lane, Dick Logan Mason McDaniell Milford Morgan Mulherin Mullinax Northcutt Patten, G. C. Phillips, L. L. Pinkston Strickland Townsend Triplett Turner Twiggs Ware Wheeler, Bobby Wheeler, J. A. Willis Wilson, M. L. Mr. Speaker On the adoption of the amendment, the ayes were 65, nays 65. The Chair voted "Nay". On the adoption of the amendment, the ayes were 65, nays 66. The amendment was lost. 768 JOURNAL OP THE HOUSE, The following amendment was read: Mr. Egan of the 25th moves to amend the Committee substitute to HB 1302 by striking lines 24 through 37 on page 38 and lines 1 through 6 on page 39 and substituting in lieu thereof the following: "have been a resident of the territory embraced within such District for the period beginning with the last date for qualifying as a candidate in the primary to nominate candidates for the office of member of the House of Representatives from such district and continuing through the date of the general election. 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 Beckham Berlin Bohannon Bostick Brown, S. P. Burton Busbee Carlisle Carr Carrell Chance Cole Collins, S. Colwell Coney Davis, E. T. Davis, W. Duke Egan Elliott Ellis Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Groover Hamilton Harris, J. F. Harris, J. R. Horton, W. L. Howell Irvin, R. Johnson Jordan Knight Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Levitas Lewis Marcus Matthews, C. McDonald Morgan Moyer Nix Noble Odom Oxford Patten, G. C Patterson Petro Rogers Russell, J. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Thompson Walker Wamble Williams Wilson, J M. Wood Those voting in the negative were Messrs.: Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Bennett Blackshear Bond Brantley, H. L. Bray Brown, B. D. Brown, C. Castleberry Clark Coleman WEDNESDAY, JANUARY 30, 1974 769 Connell Daugherty Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Evans Farrar Fraser Grahl Grantham Harden Harrington Harrison Hatcher Hays Hill, B. L. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irwin Jessup Jones Karrh Keyton Kreeger Lane, W. J. Lowrey Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Mullinax Nessmith Patten, R. L. Pearce Peters Phillips, L. L. Rainey Reaves Ritchie Roach Ross Rush Russell, W. B. Shepherd Stephens Strickland Sweat Thomason Toles Triplett Tucker Vaughn Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, M. L. Those not voting were Messrs.: Atherton Bailey Berry Brantley, H. H. Buck Burruss Collins, M. Dean, Gib Dickey Dollar Ezzard Greer Hawes Hill, G. King Lee Logan Mason Mulherin Northcutt Phillips, G. S. Pinkston Townsend Turner Twiggs Waddle Mr. Speaker On the adoption of the amendment, the ayes were 70, nays 83. The amendment was lost. The following amendment was read: Messrs. Smith and Adams of the 74th move to amend the Committee substitute to HB 1302 as follows: By striking the language describing Representative Districts 78 and 79 and inserting in lieu thereof the following: "District No. 78--1 Representative Butts 770 JOURNAL OF THE HOUSE, Flovilla CCD 5 Jackson CCD 10 Jackson Rural CCD 15 Jenkinsburg CCD 20 Towaliga CCD 25 Lamar Pike District No. 79--1 Representative Upson". 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 Alien Bennett Berry Bostick Brown, C. Brown, S. P. Burton Carlisle Carrell Chance Cole Coleman Colwell Connell Dean, N. Dent Dixon Dorminy Edwards Floyd, J. H. Floyd, L. R. Grahl Grantham Groover Harrington Hudson Hutchinson Irvin, J. Irwin Jessup Jones Larsen, W. W. Lewis Lowrey Matthews, D. R. Mauldin McCracken McDonald Miles Milford Morgan Moyer Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Rainey Roach Rush Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Stephens Sweat Toles Waddle Walker Wall Wamble Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Alexander, W. H. Atherton Beckham Berlin Blackshear Bond Brantley, H. L. Brown, B. D. Carr Clark Coney Daugherty Davis, E. T. Davis, W. Duke WEDNESDAY, JANUARY 30, 1974 771 Egan Elliott Evans Farrar Eraser Geisinger Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Irvin, R. Johnson Jordan Karrh Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Levitas Logan Marcus Matthews, C. McDaniell Nessmith Nix Noble Odom Patten, R. L. Reaves Rogers Ross Russell, J. Russell, W. B. Sams Snow Thomason Thompson Triplett Tucker Wheeler, Bobby Wilson, J. M. Those not voting were Messrs.: Adams, G. D. Alexander, W. M. Bailey Bohannon Brantley, H. H. Bray Buck Burruss Busbee Castleberry Collins, M. Collins, S. Dean, Gib Dean, J. E. Dickey Dollar Ellis Ezzard Foster Gignilliat Greer Hawes Howell Keyton King Lane, Dick Lee Mason McKinney Mulherin Mullinax Northcutt Phillips, L. L. Pinkston Ritchie Strickland Townsend Turner Twiggs Vaughn Ware Mr. Speaker On the adoption of the amendment, the ayes were 73, nays 65. The amendment was adopted. The following amendment was read: Messrs. McCracken and Lewis of the 77th move to amend H.B. 1302 as follows: By striking the language relating to Representative Districts 83 and 84 and substituting in lieu thereof the following: "District No. 83--1 Representative Burke Keysville CCD 15 772 JOURNAL OF THE HOUSE, Midville CCD 20 Vidette CCD 30 Waynesboro CCD 35 Waynesboro East CCD 40 Waynesboro West CCD 45 Jefferson Wrens CCD 20 ED's 1, 4 and 7 McDuffie Dearing CCD 5 ED's 13, 14 and 16 Richmond All that territory contained in the Fort Gordon CCD 17 of Richmond County, except that part of said CCD which is contained in District 90 District No. 84--1 Representative Jefferson Louisville CCD 5 Stapleton CCD 10 Wadley CCD 15 Wrens CCD 20 ED's 2, 3, 5 and 6 McDuffie Dearing CCD 5 ED 15 Thomson CCD 10 Thomson South CCD 25." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berry Blackshear Bohannon Bostick Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton 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 Dorminy Edwards Egan Ellis Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat WEDNESDAY, JANUARY 30, 1974 773 Grahl Grantham Greer Groover Hamilton Hardee Harrington Harris, J. P. Harris, J. R. Harrison Hawes Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Keyton Knight Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Lewis Lowrey Marcus Matthews, D. R. Mauldin McCracken McDonald McKinney Miles Milford Morgan Moyer Nessmith Northcutt Oxford Patten, G. C. Pattern, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Ritchie Roach Rogers Rush Russell, W. B. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Stephens Sweat Thomason Toles Triplett Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Adams, G. D. Atherton Berlin Brantley, H. L. Duke Elliott Evans Fraser Hatcher Hays Jordan Kreeger Levitas Matthews, C. McDaniell Noble Odom Ross Russell, J. Sams Snow Thompson Wilson, J. M. Those not voting were Messrs.: Bond Brantley, H. H. Burruss Busbee Carlisle Carr Dean, Gib Dollar Ezzard Howell Karrh King Lane, Dick Logan Mason Mulherin Mullinax Nix Pinkston Reaves Strickland Townsend Tucker Turner Twiggs Ware Mr. Speaker On the adoption of the amendment, the ayes were 130, nays 23. The amendment was adopted. 774 JOURNAL OP THE HOUSE, Mr. Larsen of the 102nd moved that the House reconsider its action in failing to adopt the amendment by Messrs. Larsen, Coleman and Jessup of the 102nd. 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 Alexander, W. M. Bailey Beckham Bennett Berlin Berry Blackshear Bostick Bray Brown, C. Brown, S. P. Buck Burton Carrell Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dorminy Edwards Evans Parrar Floyd, J. H. Ployd, L. R. Foster Praser Geisinger Grahl Grantham Groover Harden Harrington Harris, J. P. Hatcher Hill, G. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Karrh Keyton Knight Lambert Lane, W. J. Larsen, W. W. Marcus Matthews, D. R. Mauldin McCracken McDonald McKinney Miles Milford Morgan Moyer Mullinax Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Rainey Roach Rogers Rush Savage Shanahan Shepherd Smith, J. R. Stephens Sweat Thomason Toles Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire, D. Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Alexander, W. H. Alien Atherton Bond Brantley, H. L. Brown, B. D. Carlisle Daugherty. Dickey Egan Elliott Gignilliat Greer Hamilton Harris, J. R. WEDNESDAY, JANUARY 30, 1974 775 Harrison Hays Hill, B. L. Horton, G. T. Jones Jordan Kreeger Larsen, G. K. Logan Matthews, C. McDaniell Nessmith Nix Noble Odom Ross Russell, J. Russell, W. B. Sams Smith, V. B. Snow Thompson Triplett Vaughn Wilson, J. M. Those not voting were Messrs.: Adams, G. D. Bohannon Brantley, H. H. Burruss Busbee Carr Collins, M. Dean, Gib Dixon Dollar Duke Ellis Ezzard Hawes Howell King Lane, Dick Lee Levitas Lewis Lowrey Mason Mulherin Northcutt Phillips, L. L. Pinkston Reaves Ritchie Strickland Townsend Tucker Turner Twiggs Mr. Speaker On the motion, the ayes were 106, nays 40. The motion prevailed and the amendment was reconsidered. The amendment by Messrs. Larsen, Coleman and Jessup of the 102nd was again read. Mr. Larsen of the 102nd moved that the amendment previously rejected and reconsidered be adopted. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, John Adams, Marvin Alexander, W. M. Bailey Beckham Bennett Berlin Blackshear Brantley, H. H. Bray Brown, C. Brown, S. P. Burton Carrell Clark Cole Coleman Colwell 776 Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Grahl Grantham Groover Harden Harrington Harris, J. F. Hatcher Hill, G. Horton, W. L. Howard Hudson Hutchinson JOURNAL OF THE HOUSE, Irvin, J. Irwin, J. R. Jessup Keyton Knight Lambert Lane, W. J. Larsen, W. W. Lee Lewis Lowrey Marcus Matthews, D. R. Mauldin McCracken McDonald Miles Milford Morgan Moyer Mullinax Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Roach Rogers Rush Savage Shanahan Shepherd Smith, J. R. Stephens Sweat Thomason Toles Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs. Alexander, W. H. Alien Atherton Bond Bostick Brantley, H. L. Brown, B. D. Carlisle Carr Chance Daugherty Dickey Duke Egan Elliott Geisinger Gignilliat Greer Harris, J. R. Harrison Hays Hill, B. L. Horton, G. T. Irvin, R. Johnson Jones Jordan Karrh Kreeger Larsen Le vitas Logan Matthews, C. McDaniell Nessmith Nix Noble Odom Ross Russell, J. Russell, W. B. Sams Smith, V. B. Snow Thompson Triplett Vaughn Wilson, J. M. Those not voting were Messrs.: Adams, G. D. Adams, J. H. Berry Bohannon Buck Burruss Busbee Castleberry Collins, M. WEDNESDAY, JANUARY 30, 1974 777 Collins, S. Dean, Gib Dollar Ellis Ezzard Hamilton Hawes Howell King Lane, Dick Mason McKinney Mulherin Northcutt Phillips, L. L. Reaves Ritchie Strickland Townsend Tucker Turner Twiggs Mr. Speaker On the adoption of the amendment, the ayes were 100, nays 48. The amendment was adopted. Mr. Hudson of the 115th moved that the House reconsider its action in failing to adopt the Hudson amendment to HB 1302. 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. Bennett Berlin Bostick Brantley, H. H. Brown, C. Brown, S. P. Burton Carlisle Carrell Castleberry Clark Cole Coleman Colwell Connell Davis, W. Dean, J. E. Dorminy Edwards Evans Farrar Floyd, L. R. Foster Fraser Grantham Groover Harden Harris, J. F. Harrison Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Keyton Lambert Lane, Dick Lane, W. J. Larsen, W. W. Levitas Lowrey Marcus McCracken McKinney Miles Morgan Moyer Oxford Patterson Rogers Russell, J. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Stephens Sweat Toles Twiggs Waddle Walker Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, M. L. 778 JOURNAL OF THE HOUSE, Those voting in the negative were Messrs. Adams, J. H. Alexander, W. H. Alien Atherton Bailey Beckham Bond Brantley Brown, B. D. Carr Chance Coney Daugherty Davis, E. T. Dean, N. Dickey Dixon Duke Egan Elliott Ellis Floyd, J. H. Geisinger Gignilliat Grahl Greer Hamilton Harrington Harris, J. R. Hatcher Hays Hill, B. L. Horton, G. T. Horton, W. L. Irvin, J. Johnson Jones Jordan Karrh Kreeger Larsen, G. K. Lee Lewis Matthews, C. Mauldin McDaniell Milford Nessmith Nix Noble Odom Patten, R. L. Petro Phillips, G. S. Pinkston Russell, W. B. Sams Snow Thompson Triplett Vaughn Wall Wilson, J. M. Those not voting were Messrs.: Berry Blackshear Bohannon Bray Buck Burruss Busbee Collins, M. Collins, S. Dean, Gib Dent Dollar Ezzard Hawes Hill, G. Howard Howell King Knight Logan Mason Matthews, D. R. McDonald Mulherin Mullinax Northcutt Patten, G. C. Pearce Peters Phillips, L. L. Rainey Reaves Ritchie Roach Ross Rush Strickland Thomason Townsend Tucker Turner Ware Williams Wood Mr. Speaker On the motion, the ayes were 72, nays 63. The motion prevailed and the amendment was reconsidered. Mr. Brantley of the 92nd moved that the House reconsider its action in order ing the previous question on HB 1302. On the motion, the roll call was ordered and the vote was as follows: WEDNESDAY, JANUARY 30, 1974 779 Those voting in the affirmative were Messrs. Adams, G. D. Adams, Marvin Alexander, W. M. Alien Atherton Bailey Beckham Berlin Blackshear Bohannon Bostick Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burton Carlisle Carr Carrell Castleberry Chance Cole Coleman Collins, M. Collins, S. Colwell Coney Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Evans Parrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Milford Morgan Moyer Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Snow Stephens Sweat Thomason Thompson Toles Triplett 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.: Alexander, W. H. Bennett Brown, B. D. Connell Ellis Floyd, J. H. Hill, B. L. Horton, W. L. Irwin, J. R. 780 Keyton Larsen, W. W. Lewis McCracken JOURNAL OF THE HOUSE, Miles Petro Rogers Smith, J. R. Smith, V. B. Tucker Those not voting were Messrs.: Adams, J. H. Adams, John Berry Bond Brantley, H. H. Burruss Busbee Clark Dean, Gib Dollar Ezzard Hawes King Mason Mulherin Northcutt Pearce Phillips, G. S. Strickland Townsend Turner Ware Mr. Speaker On the motion, the ayes were 138, nays 19. The motion prevailed and the House reconsidered its action in ordering the previous question. Mr. Brantley of the 92nd moved that HB 1302 be recommitted to the Commit tee on Legislative and Congressional Reapportionment for further study. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Senators: Adams, G. D. Adams, J. H. Alien Atherton Bailey Beckham Berlin Berry Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Carlisle Carr Carrell Castleberry Chance Cole Coleman Collins, M. Collins, S. Colwell Coney Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington WEDNESDAY, JANUARY 30, 1974 781 Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Karrh Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Le vitas Lewis Logan Lowrey Marcus Matthews, C. Mauldin McDaniell McKinney Milford Morgan Moyer Mullinax Nessmith Nox Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. B. Sams Savage Shanahan Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs.: Adams, John Adams, Marvin Alexander, W. H. Bennett Blackshear Burton Connell Daugherty Dorminy Floyd, J. H. Keyton Larsen, W. W. Matthews, D. R. McCracken McDonald Miles Phillips, G. S. Rush Smith, J. R. Those not voting were Messrs.: Alexander, W. M. Brantley, H. H. Busbee Clark Dean, J. E. Dollar Ezzard Hamilton Hawes Hill, B. L. King Mason Mulherin Northcutt Shepherd Strickland Townsend Mr. Speaker On the motion, the ayes were 143, nays 19. 782 JOURNAL OF THE HOUSE, The motion prevailed and HB 1302 was recommitted to the Committee on Legislative and Congressional Reapportionment for further study. The Speaker announced the House would be in recess pending the call of the Chair. The Speaker called the House to order. 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 same back to the House with the following recommendations: HB 91. Do Pass, as Amended. HB 1333. Do Pass, as Amended. Respectfully submitted Pinkston of the 89th, Vice-Chairman. 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 announced the House adjourned until 9:30 o'clock, tomorrow morning. THURSDAY, JANUARY 31, 1974 783 Representative Hall, Atlanta, Georgia Thursday, January 31, 1974 The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker Pro Tempore. Prayer was offered by Elder O. V. Marshall, Pastor, Salem Primitive Baptist Church, Adel, Georgia. Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1688. By Mr. Grahl of the 88th: A Bill to be entitled an Act to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, so as to provide for the words "Peach State" to appear on annual license plates for motor vehicles; to change the provisions relating to the name of the county on such license plates; and for other purposes. Referred to the Committee on Motor Vehicles. 784 JOURNAL OF THE HOUSE, HB 1689. By Messrs. Hutchinson of the 114th, Bostick of the 123rd, Chance of the 112th and Morgan of the 70th: A Bill to be entitled an Act to amend an Act providing who may appear and practice before the State Board of Pardons and Paroles, so as to prohibit members of the General Assembly from appearing before the State Board of Pardons and Paroles or contacting any member of the State Board of Pardons and Paroles on behalf of any prisoner for compensation; and for other purposes. Referred to the Committee on State of Republic. HB 1690. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Pierce County on an annual salary, so as to change the compensation provisions relating to the sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- Local Legislation. HB 1691. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th: A Bill to be entitled an Act to abolish the present mode of compensating the Tax Collector of Pierce County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- Local Legislation. HB 1692. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th: A Bill to be entitled an Act to abolish the present mode of compensating the Tax Receiver of Pierce County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- Local Legislation. HB 1693. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Pierce County, so as to change the compensation of the Chairman and the members of the Board of Commissioners of Pierce County; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- Local Legislation. THURSDAY, JANUARY 31, 1974 785 HB 1694. By Messrs. Larsen of the 27th, Egan of the 25th, and Russell of the 53rd: A Bill to be entitled an Act to amend an Act relating to improper argu ment during criminal trials, so as to provide that nothing in said Act shall prohibit or be construed to prohibit courts from instructing juries in criminal cases on the laws and rules governing the granting of clemency; and for other purposes. Referred to the Committee on Judiciary. HB 1695. By Messrs. Snow of the 1st, Bennett of the 124th, Burton of the 47th, Walker of the 100th and King of the 85th: A Bill to be entitled an Act to amend Code Section 26-2502, relating to the crime of aiding escape, so as to change the penalties for aiding escape; to provide that a person who, while armed with a dangerous weapon, aids another to escape from lawful custody or from any place of lawful confinement shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than 10 years; and for other purposes. Referred to the Committee on Judiciary. HB 1696. By Mr. Carrell of the 71st: A Bill to be entitled an Act to amend an Act providing that buildings constructed with public funds shall be accessible to the physically handi capped, so as to change the provisions relative to elevators; and for other purposes. Referred to the Committee on Human Relations. HB 1697. By Messrs. Mullinax of the 65th, Grantham of the 127th, Stephens of the 37th, Burton of the 47th and Brown of the 34th: A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to exclude fellow employees as third party tortfeasors; to change the minimum number of employees for coverage; to delete certain provisions exempting employees of public charities from coverage; to increase the maximum limit of compensation relative to total incapacity; and for other purposes. Referred to the Committee on Industrial Relations. HB 1698. By Mr. Larsen of the 27th: A Bill to be entitled an Act to prohibit the transfer or reproduction of certain recordings without consent of the owner; to prohibit any manu facture, distribution or wholesale of articles with the knowledge that the sounds are transferred without consent of the owner; and for other purposes. Referred to the Committee on Special Judiciary. 786 JOURNAL OF THE HOUSE, HB 1699. By Messrs. Rush of the 104th and Fraser of the 117th: A Bill to be entitled an Act to amend an Act establishing the Commis sioners of Roads and Revenues for Long County, so as to change the compensation of the commissioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- Local Legislation. HB 1700. By Messrs. Savage of the 30th and Beckham of the 82nd: A Bill to be entitled an Act to provide for the reporting of campaign contributions and campaign expenditures; to provide for applicability; to provide for campaign treasurers; to provide for monthly reports and post-election reports; to provide for penalties; and for other purposes. Referred to the Committee on State of Republic. HB 1701. By Messrs. Murphy of the 18th and Busbee of the 114th: A Bill to be entitled an Act to amend an Act providing for grants to counties for public purposes, so as to change the methods and pro cedures for the distribution of grants to counties; and for other purposes. Referred to the Committee on Rules. HB 1702. By Messrs. Murphy of the 18th and Busbee of the 114th: A Bill to be entitled an Act to provide for ad valorem tax relief; and for other purposes. Referred to the Committee on Ways and Means. HB 1703. By Messrs. Murphy of the 18th and Busbee of the 114th: A Bill to be entitled an Act to amend the Minimum Foundation Program of Education Act, so as to provide for increased participation in the cost of education from State funds; and for other purposes. Referred to the Committee on Education. HB 1704. By Messrs. Murphy of the 18th and Busbee of the 114th: A Bill to be entitled an Act to provide the methods and procedures for the allocation of State funds for the purposes of reducing local ad valorem taxation; and for other purposes. Referred to the Committee on Ways and Means. THURSDAY, JANUARY 31, 1974 787 HB 1705. By Messrs. Triplett of the lllth, Wamble of the 120th and Groover of the 75th: A Bill to be entitled an Act to amend an Act known as the "Fiduciary Investment Company Act", so as to permit fiduciary investment com panies to invest in real estate in an amount not to exceed 50% of their total assets taken at market value; and for other purposes. Referred to the Committee on Banks and Banking. HR 564-1705. By Mr. Gignilliat of the 105th: A Resolution compensating Brock Corbin; and for other purposes. Referred to the Committee on Appropriations. HR 565-1705. By Mr. Gignilliat of the 105th: A Resolution compensating James Minter; and for other purposes. Referred to the Committee on Appropriations. HR 566-1705. By Mr. Gignilliat of the 105th: A Resolution compensating Joseph A. Bryan; and for other purposes. Referred to the Committee on Appropriations. HR 567-1705. By Messrs. Petro of the 46th, Whitmire of the 9th, McKinney of the 35th and Beckham of the 82nd: A Resolution to create the State Drug Abuse Program Overview Com mittee; and for other purposes. Referred to the Committee on Health and Ecology. HR 568-1705. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Dougherty County to grant exclu sive franchises for the collection of garbage in the unincorporated areas of Dougherty County; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- Local Legislation. HR 569-1705. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th: A Resolution proposing an amendment to the Constitution so as to 788 JOURNAL OF THE HOUSE, abolish the office of tax commissioner of the County of Dougherty; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- Local Leg'filation. HB 1706. By Messrs. Busbee of the 114th, Moyer of the 99th, McDaniell of the 20th, Greer of the 43rd, Lee of the 68th, Johnson of the 68th and Alexander of the 39th: A Bill to be entitled an Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to delete business opportunities from the purview of the Chapter; to add a definition of "referral agent" and to provide for such agent's source of compensation; and for other purposes. Referred to the Committee on Industry. HB 1707. By Messrs. Busbee of the 114th, Moyer of the 99th, McDaniell of the 20th, Greer of the 43rd, Lee of the 68th, Johnson of the 68th and Alexander of the 39th: A Bill to be entitled an Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide for the qualifications of the members and officers of all partnerships and corporations in volved in the real estate brokerage business; and for other purposes. Referred to the Committee on Industry. HR 570-1707. By Messrs. Castleberry of the 96th, Buck of the 87th, Berry of the 86th, Pearce of the 87th, Thompson of the 86th, Davis and King of the 85th, Rogers and Harden of the 128th: A Resolution authorizing the Department of Community Development to pay the State's contribution to the Multi-State Transportation Corridor Advisory Board; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1708. By Mr. Egan of the 25th: A Bill to be entitled an Act to amend Code Section 109-502, relating to unauthorized use of words "trust" and "trust company", so as to provide that certain corporations owning a majority of the voting stock of a corporation licensed to do a trust business are not subject to the restric tions on unauthorized use; and for other purposes. Referred to the Committee on Banks and Banking. THURSDAY, JANUARY 31, 1974 789 HB 1709. By Mr. Carr of the 90th: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner of Glascock County, so as to change the compensation of the Tax Commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- Local Legislation. HB 1710. By Mr. Carr of the 90th: A Bill to be entitled an Act to provide for a supplement to the compensa tion of the Ordinary of Glascock County to be paid out of the funds of Glascock County; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- HB 1711. By Mr. Noble of the 48th: A Bill to be entitled an Act to amend Code Title 34, the "Georgia Elec tion Code", so as to add a new Code Chapter relating to political cam paign finance; to provide definitions; to provide limitations on cam paign expenditures; to make certain federal campaign expense limita tions applicable to State and local elections; to provide for maximum contributions by individuals and certain organizations to political cam paigns; and for other purposes. Referred to the Committee on State of Republic. HB 1712. By Messrs. Bennett of the 124th, Adams of the 36th, Patten of the 123rd, Snow of the 1st, Dean of the 60th, Ezzard of the 29th, Savage of the 30th, Burton of the 47th, Lane of the 40th and others: A Bill to be entitled an Act to amend Code Chapter 89-5, relating to vacancies and resignations of public officers, so as to provide a pro cedure for suspending county officers from office pending the outcome of any direct appeal taken from conviction of a felony; to provide for appointment of temporary officers; and for other purposes. Referred to the Committee on State of Republic. HB 1713. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th, Alien of the 108th, Hill of the 110th and Blackshear of the 106th: A Bill to be entitled an Act to create a Metropolitan Area Planning and Development Commission in each Standard Metropolitan Statistical Area of this State which includes a county within such area having a population of more than 180,000 but less than 190,000; and for other purposes. Referred to the Committee on State Planning & Community Affairs. 790 JOURNAL OF THE HOUSE, HB 1714. By Mr. Davis of the 56th: A Bill to be entitled an Act to provide for a Board of Registrations and Elections 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. HB 1715. By Mr. Morgan of the 70th: A Bill to be entitled an Act to amend Code Section 74-105, relating to a father's obligation as to maintenance of his child, so as to provide for a stepfather's obligation as to maintenance; and for other purposes. Referred to the Committee on Human Relations. HR 571-1715. By Messrs. Williams, Whitmire and Wood of the 9th: A Resolution designating the Road Atlanta Highway; and for other purposes. Referred to the Committee on Highways. HB 1716. By Messrs. Rush of the 104th and Fraser of the 117th: A Bill to be entitled an Act to provide for the compensation of the members of the Board of Education of Long County; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- Local Legislation. HB 1717. By Messrs. Lambert of the 97th, Harrington of the 93rd, Buck of the 87th and Carr of the 90th: A Bill to be entitled an Act to amend an Act known as "The Building and Loan Act", so as to provide that it shall be unlawful for any building and loan association or savings and loan association to establish or maintain a branch office in any county other than the county in which its home office is located except under certain conditions; to provide for exceptions; and for other purposes. Referred to the Committee on Banks and Banking. HB 1718. By Mr. Larsen of the 27th: A Bill to be entitled an Act to amend an Act known as the "Metro politan Atlanta Rapid Transit Authority Act of 1965", so as to change the provisions relating to determination of routes and facilities by the Board of Directors; to provide procedures whereby the people of a militia THURSDAY, JANUARY 31, 1974 791 district shall be empowered to prohibit the construction of certain facilities in the militia district; and for other purposes. Referred to the Committee on State Planning & Community Affairs. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1663. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to provide the method of filling vacancies in the membership of the Carroll City-County Hospital Authority; and for other purposes. HB 1664. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend Code Section 13-203.1, relating to bank offices and bank facilities, as amended, so as to change the method of determining the number of bank offices or bank facilities which may be established by a parent bank or branch bank; and for other purposes. HB 1665. By Mr. Brown of the 67th: A Bill to be entitled an Act to provide that a seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to a consumer as an inducement for a sale or lease for the consumer giving to the seller or lessor the names of prospective buyers or lessees; to provide for the unenforceability of the agreement if entered into in violation of this Act; and for other purposes. HB 1666. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond . . .", so as to provide for a clerk and an attorney for the board; and for other purposes. HB 1667. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act providing for the permanent tenure for certain officers and employees of Richmond County, so as to exempt certain officers and employees from the operation of the Act; to provide for rules of probation of present officers and employees affected by the Act; and for other purposes. 792 JOURNAL OF THE HOUSE, HB 1668. By Mr. Connell of the 80th: A Bill to be entitled an Act to create the Augusta-Richmond County Charter Commission; and for other purposes. HB 1669. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act creating a merit system in Richmond County for the employees of Richmond County, so as to pro vide for the duties and functions of the merit system council; and for other purposes. HB 1670. By Mr. Hill of the 110th: A Bill to be entitled an Act to amend Code Chapter 34-14, relating to absentee voting, as amended, so as to provide that any elector of the State who is 65 years of age or over may vote by absentee ballot in any primary or election; and for other purposes. HB 1671. By Mr. Hill of the 110th: A Bill to be entitled an Act to amend Code Chapter 34A-13, relating to absentee voting in municipal elections, as amended, so as to provide that any elector of a municipality who is 65 years of age or over may vote by absentee ballot in any primary or election; and for other purposes. HB 1672. By Messrs. Mullinax of the 65th, Ritchie of the llth, Bray of the 66th, Rush of the 104th and Wheeler of the 13th: A Bill to be entitled an Act to provide for a tax on the sale of certain sound recordings; to define certain terms; to provide for the payment and collection of the tax; to require certain notification by carriers transporting sound recordings; to provide for tax stamps and the replacement of mutilated stamps to provide for sound recording per mits; and for other purposes. HB 1673. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to amend an Act placing the sheriff of Webster County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to personnel employed by the sheriff; and for other purposes. HB 1674. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Stewart County, so as to change the provisions relat ing to the clerk of the commissioner, and the compensation of the clerk; and for other purposes. THURSDAY, JANUARY 31, 1974 793 HB 1675. By Messrs. Gignilliat of the 105th, Fraser of the 117th and Moyer of the 99th: A Bill to be entitled an Act to amend an Act reestablishing the Georgia Commission for National Bicentennial Celebration, so as to authorize said Commission to retain the proceeds arising from contracts and leases to be used for the purposes of the Commission; and for other purposes. HB 1676. By Messrs. Oxford of the 101st, Castleberry of the 96th, Edwards of the 95th, Murphy of the 18th and Wheeler of the 13th: A Bill to be entitled an Act to amend an Act providing for pre-need funeral service contracts, so as to change certain definitions and pro vide for additional definitions; to require certain persons to furnish the Comptroller General with certified copies of their bank statement or statements showing certain information; to change the provisions relating to revocation of certificates and liquidation proceedings; and for other purposes. HB 1677. By Messrs. Mason of the 59th, Horton of the 43rd, Rogers of the 128th, Ritchie of the llth, Castleberry of the 96th, Mrs. Clark of the 55th, Messrs. Patten of the 123rd, Dorminy of the 115th and Alien of the 108th: A Bill to be entitled an Act to provide for the orderly development and wise use of "Vital Areas" of this State; to provide a short title; to provide a declaration of policy; to provide definitions, including the definitions of the "Vital Areas" of this State; to provide for the crea tion of the Vital Areas Commission; and for other purposes. HB 1678. By Mr. Irvin of the 23rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to increase the maximum fines and jail sentences that can be levied by the recorder of said city; and for other purposes. HR 556-1678. By Mr. Logan of the 62nd: A Resolution compensating Mr. Craig Loehle; and for other purposes. HR 557-1678. By Mr. Logan of the 62nd: A Resolution compensating Ms. Patricia C. Levi; and for other purposes. HR 558-1678. By Mr. Logan of the 62nd: A Resolution compensating Mr. Aaron Franklin Whitehead; and for other purposes. 794 JOURNAL OF THE HOUSE, HR 559-1678. By Messrs. Jordan of the 58th and Farrar of the 52nd: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to enact legislation treating property subject to homestead exemptions as a separate class of tangible property for ad valorem tax purposes and to enact legislation to reduce the ad valorem taxes paid on property subject to homestead exemption; and for other purposes. HR 560-1678. By Mr. Beckham of the 82nd: A Resolution designating certain highways within the State of Georgia as Blue Star Memorial Highways; and for other purposes. HB 1679. By Mr. Fraser of the 117th: A Bill to be entitled an Act to amend an Act placing the Clerk of the superior court, sheriff and tax commissioner of Mclntosh County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes. HB 1680. By Messrs. Carlisle and Brown of the 67th: A Bill to be entitled an Act to amend "an Act incorporating the City of Sunny Side . . .", so as to change the provisions relative to the governing body of said City; and for other purposes. HB 1681. By Mr. Greer of the 43rd: A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; . . .", so as to provide that the State Revenue Commissioner or his authorized agents shall destroy any and all malt beverages found to be contraband; and for other purposes. HB 1682. By Messrs. Snow of the 1st, Peters of the 2nd, Hays of the 1st, Cole and Foster of the 6th: A Bill to be entitled an Act to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change the provisions relating to the election of the mayor and aldermen; and for other purposes. HR 561-1682. By Messrs. Ware of the 65th, Gignilliat of the 105th, Berlin of the 89th, Wall of the 61st, Hays of the 1st, Berry of the 86th, Moyer of the 99th, Wood of the 9th, Dean of the 17th, Pearce of the 87th, Floyd of the 5th and Collins of the 45th: A Resolution proposing an amendment to the Constitution so as to THURSDAY, JANUARY 31, 1974 795 increase the homestead exemption to $4,000 for any veteran who has been certified as being a 100 percent service-connected disabled veteran by the United States Veterans Administration; and for other purposes. HR 562-1682. By Messrs. Ware of the 65th, Gignilliat of the 105th, Berlin of the 89th, Wall of the 61st, Hays of the 1st, Berry of the 86th, Moyer of the 99th, Wood of the 9th, Dean of the 17th, Pearce of the 87th, Ployd of the 5th and Collins of the 45th: A Resolution proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; to change the definition of the term "disabled veteran"; to provide for a homestead exemption for the unremarried widow or minor children of certain disabled veterans; and for other purposes. HB 1683. By Messrs. Strickland and Harrison of the 116th: A Bill to be entitled an Act to amend an Act to create a small claims court in certain counties of the State having a population of not less than 8,905 and not more than 8,920, so as to change the population category within which said court is created; and for other purposes. HB 1684. By Messrs. Levitas of the 50th and Greer of the 43rd: A Bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for resolution of labor disputes, prohibit strikes; and for other purposes. HB 1685. By Mr. Lane of the 76th: A Bill to be entitled an Act to amend Georgia Code Chapter 84-1, relat ing to the Joint-Secretary, State Examining Boards, so as to provide that no civil liability shall ensue because of any good faith communica tions to any State Examining Board; to provide that no member, em ployee or agent of any State Examining Board shall be liable for any good faith action; and for other purposes. HB 1686. By Messrs. Patterson and Bohannon of the 64th, Mullinax, Ware and Knight of the 65th: A Bill to be entitled an Act to reincorporate the Town of Centralhatchee in the County of Heard and State of Georgia; to create a new charter for the town; and for other purposes. HR 563-1686. By Messrs. Strickland and Harrison of the 116th: A Resolution proposing an amendment to the Constitution, so as to authorize taxation and the expenditure of public funds by the governing 796 JOURNAL OP THE HOUSE, authority of Appling County for the development of trade, commerce, industry, and employment opportunities within Appling- County; and for other purposes. HB 1687. By Messrs. Burruss of the 21st, Busbee of the 114th, Dean of the 17th, Rogers of the 128th, Sweat of the 125th, Fraser of the 117th, Dean of the 54th, Murphy of the 18th, King of the 85th and others: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the minimum salaries of school bus drivers; and for other purposes. SR 193. By Senator Thompson of the 32nd: A Resolution to authorize the Department of Revenue to write off uncollected check balances covering motor vehicle license fees; and for other purposes. SR 194. By Senator Thompson of the 32nd: A Resolution to authorize the Department of Revenue to write off uncollected check balances covering motor fuel highway use permits and taxes; and for other purposes. SB 424. By Senators Sutton of the 9th, Herndon of the 10th and Young of the 13th: A Bill to be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, so as to change the provisions relative to certain Senatorial Districts; and for other purposes. SB 479. By Senators Garrard of the 37th, Parker of the 31st and Lester of the 23rd: A Bill to be entitled an Act to amend Code Section 26-2101, relating to distributing obscene materials, so as to change the provisions relative to obscene materials; to provide that certain devices shall be obscene; and for other purposes. SB 483. By Senator Fincher of the 54th: A Bill to be entitled an Act to amend an Act creating a State Board of Registration for Used Car Dealers, so as to provide for the bonding of persons licensed thereunder; and for other purposes. THURSDAY, JANUARY 31, 1974 797 SB 489. By Senators Hamilton of the 26th, Lester of the 23rd, Dean of the 6th and others: A Bill to be entitled an Act to provide for the payment of an expense allowance to jurors in lieu of compensation in the nature of a salary; to amend Code Title 59, relating to juries, so as to provide for the fixing and payment of expense allowances to jurors in lieu of and in the same manner as compensation presently paid; and for other purposes. SB 502. By Senator Jackson of the 16th: A Bill to be entitled an Act to amend an Act designating public and legal holidays in the State of Georgia, so as to designate the month of February of each year as "American History Month" in the State of Georgia; and for other purposes. SB 504. By Senator Rowan of the 8th: 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 instruction of pupils who are married, a parent, or pregnant, whether married or unmarried; and for other purposes. SB 505. By Senators Parker of the 31st and Duncan of the 30th: A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas; and for other purposes. SB 507. By'Senator Webb of the llth: A Bill to be entitled an Act to repeal an Act creating the State Court of Miller County (formerly the City Court of Miller County) ; and for other purposes. SB 513. By Senator Holloway of the 12th: A Bill to be entitled an Act to amend an Act relating to a health in surance plan for State employees, so as to provide for the investment of funds of the health insurance fund; and for other purposes. SB 529. By Senators Stephens of the 36th, Johnson of the 38th, Ward of the 39th and others: A Bill to be entitled an Act to repeal an Act which applied to certain municipalities (population more than 300,000) the zoning and planning provisions of an Act approved on January 31, 1946 (Ga. L. 1946, pp. 191, et seq.) ; and for other purposes. 798 JOURNAL OF THE HOUSE, 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 Bill and Resolutions of the House and has instructed me to report same back to the House with the following recommendations: HB 1305. Do Pass, by Substitute. HR 560-1678. Do Pass. HR 517-1556. Do Pass. HR 522-1604. Do Pass. Respectfully submitted, Vaughn of the 57th, Chairman. Mr. Mullinax of the 65th District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report same back to the House with the following recommendation: HB 1298. Do Not Pass. Respectfully submitted, Mullinax of the 65th, Chairman. Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 1448. Do Pass, as Amended. HB 1530. Do Pass, as Amended. HB 1531. Do Pass. HB 1599. Do Pass. THURSDAY, JANUARY 31, 1974 799 HB 1573. Do Pass. HB 1607. Do Pass. Respectfully submitted, Snow of the 1st, Chairman. Mr. Levitas of the 50th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 1610. Do Pass. HB 1658. Do Pass. Respectfully submitted, Levitas of the 50th, Chairman. Mr. Levitas of the 50th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs (Local Legislation) 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 recommenda tions : HB 1482. Do Pass. HB 1483. Do Pass. HB 1485. Do Pass. HB 1635. Do Pass. HB 1644. Do Pass. HB 1646. Do Pass. HB 1648. Do Pass. HB 1649. Do Pass. HB 1650. Do Pass. HB 1654. Do Pass. 800 JOURNAL OF THE HOUSE, HB 1655. Do Pass. HB 1662. Do Pass. SB 445. Do Pass. Respectfully submitted, Levitas of the 50th, Chairman. Mr. Roach of the 8th District, Chairman of the Committee on Special Judi ciary submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations: SB 455. Do Pass. SB 429. Do Pass. HB 1434. Do Pass. HB 1558. Do Pass. HB 1474. Do Pass. HB 1263. Do Pass, as Amended. HB 1267. Do Pass, as Amended. Respectfully submitted, Roach of the 8th, Chairman. By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1482. By Messrs. Adams and Smith of the 74th: A Bill to be entitled an Act to amend Code Section 24-1801 relating to Clerks of County Ordinaries so as to authorize the Ordinary in counties whose population is not less than 23,450 nor more than 23,550 according to the U.S. Decennial Census of 1970 or of any future U.S. Decennial Census, to appoint a Clerk whose salary shall be paid from County funds which salary shall not exceed the sum of $5,000.00 per annum; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. THURSDAY, JANUARY 31, 1974 801 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1483. By Messrs. Adams and Smith of the 74th: A Bill to be entitled an Act to amend an Act entitled, "An Act to amend the Act approved Aug. 6, 1920, changing the terms of office of the Commissioners of Roads and Revenues of Upson County; to fix the terms of office of the commissioners elected under 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 ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1485. By Messrs. Adams and Smith of the 74th: A Bill to be entitled an Act to amend the Act entitled "An Act to con solidate the offices of Tax Receiver and Tax Collector of Upson County; to provide for the rights, duties and liabilities of said office; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1635. By Mr. Shanahan of the 7th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Calhoun, approved April 9, 1963 (Ga. Laws 1963, p. 3120), as amended, particularly by an Act approved April 18, 1969 (Ga. Laws 1969, p. 2997), so as to define the corporate limits of said City; and for other purposes. 802 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1644. By Messrs. Buck of the 87th, Davis of the 85th, Adams of the 84th and others: A Bill to be entitled an Act to amend an Act providing for alternative times for making tax returns in certain counties of this State which are authorized by law or constitutional amendment to operate a joint tax receiving or tax assessing program with any other political subdivision; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1646. By Messrs. 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 provide that aldermen must resign from office prior to qualifying as candidates for the office of mayor of the City of Ocilla under centain conditions; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, JANUARY 31, 1974 803 HB 1648. By Messrs. Alien of the 108th, Gignilliat of the 105th, Ellis of the 107th and others: A Bill to amend an Act incorporating the City of Savannah Beach, Tybee Island, in the County of Chatham, 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 1649. By Messrs. Rush of the 104th and Brantley of the 92nd: A Bill to be entitled an Act to amend an Act establishing the State Court of Tattnall County, as amended, so as to change the salary of the judge of said court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1650. By Messrs. Rush of the 104th and Brantley of the 92nd: A Bill to be entitled an Act to amend an Act establishing the State Court of Tattnall County, as amended, so as to change the title and 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 804 JOURNAL OF THE HOUSE, HB 1654. By Messrs. Bennett, Patten and Reaves of the 124th: A Bill to be entitled an Act to amend an Act incorporating the Town of Dasher, as amended, so as to provide powers for the Town Council relative to levy and collection of ad valorem taxes; to require the use of the Lowndes County Tax Assessor's property valuation for levying taxes, to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1655. By Messrs. Groover of the 75th and Lambert of the 97th: A Bill to be entitled an Act to amend an Act repealing an Act incorpo rating the City of Monticello and granting a new charter to the City of Monticello, so as to change the name of the police court of said city; to provide for a recorder of said court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1662. By Mr. Willis of the 119th: A Bill to be entitled an Act to amend an Act placing the sheriff of Decatur 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 and other 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. THURSDAY, JANUARY 31, 1974 805 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 445. By Senator Salter of the 17th: A Bill to be entitled an Act to provide for the election of members of the Board of Education of Upson County; to provide that the Board of Education of Upson County shall consist of seven members; to provide for education districts; to provide for initial and regular terms of office of 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House, to-wit: SR 281. By Senators Moore of the 56th and Thompson of the 32nd: A Resolution proposing an Amendment to the Constitution so as to pro vide for the calling of a referendum of the voters of Cobb County for the purpose of repeal of that amendment to the Constitution which authorizes the General Assembly to provide by local law for the exercise of the planning and zoning powers within Cobb County. HR 463-1337. By Messrs. Mullinax, Knight and Ware of the 65th: A Resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown LaGrange Development Authority. 806 JOURNAL OF THE HOUSE, HR 549. By Messrs. Wilson and Atherton of the 19th and others: A Resolution requesting the Board of Regents of the University System of Georgia to elevate Kennesaw Junior College to the status of a fouryear college within the University System. HR 552. By Messrs. Logan and Matthews of the 62nd and others: A Resolution recognizing the anniversary of the granting of the Charter for the University of Georgia. HR 553. By Messrs. Logan, Matthews and Russell of the 62nd: A Resolution congratulating The University of Georgia upon the 189th anniversary of the signing of its Charter. The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 501. By Senator Jackson of the 16th: A Bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", approved Feb. 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to exclude from the terms "retail" as used in said Act, sales of tangible personal property used in the restora tion or reconstruction of certain historical sites. By unanimous consent, the following Bill of the House was withdrawn from the Committee on University System of Georgia and referred to the Committee on Judiciary: HB 1299. By Mr. Adams of the 14th: A Bill to be entitled an Act to amend an Act regulating the sale of admission tickets to athletic contests of the colleges in the University System of Georgia, so as to repeal the provisions of said Act which make the sale of such tickets in any unauthorized place or manner unlawful; and for other purposes. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit: THURSDAY, JANUARY 31, 1974 807 HB 1413. By Mr. Odom of the 114th and others: A Bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary; so as to change the compensa tion of the ordinary. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Ways and Means: HB 1627. By Mr. Buck of the 87th: A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide that the knowing conversion of funds deducted and withheld pursuant to said Act with the intention to deprive the State of said funds shall be a felony; and for other purposes. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 435. By Senator Dean of the 6th: A Bill to amend Code Section 74-9902, relating to abandonment of minor children, as amended, so as to change the penalty for abandonment of minor children. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1413. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th: A Bill to be entitled an Act to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, so as to change the compensation of the ordinary; and for other purposes. 808 JOURNAL OP THE HOUSE, The following Senate substitute was read: The Committee on County and Urban Affairs offers the following substitute to HB 1413. A BILL To be entitled an Act to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1&55 (Ga. Laws 1955, p. 2874), as amended, particularly by an Act approved March 26, 1969 (Ga. Laws 1969, p. 2293), so as to change the compensation of the sheriff; to change the compensation of the ordinary; 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 certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. Laws 1955, p. 2874), as amended, particularly by an Act approved March 26, 1969 (Ga. Laws 1969, p. 2293), is hereby amended by strik ing in its entirety Section 2 and substituting in lieu thereof a new Section 2, to read as follows: "Section 2. (a) The salary of the sheriff of Dougherty County shall be $20,000.00 per annum. (b) The salary of the ordinary of Dougherty County shall be $12,500.00 per annum. (c) The salary of the clerk of the superior court of Dougherty County, where such clerk of the superior court likewise serves as clerk of the City Court of Albany, shall be $15,000.00 per annum. (d) Each of said officials shall be paid monthly from the general funds in the county treasury." Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Odom of the 114th moved that the House agree to the Senate substitute to HB 1413. THURSDAY, JANUARY 31, 1974 809 On the motion, the ayes were 103, nays 0. The motion prevailed and the Senate substitute to HB 1413 was agreed to. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 560. By Senator McGill of the 24th and Ballard of the 45th: A Bill to amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consump tion, approved April 5, 1961 (Ga. Laws 1961, p. 501), as amended, so as to provide for the filing of wholesale price lists of fluid milk and fluid milk products with the Commissioner of Agriculture. Under the general order of business, the following Bills of the House were taken up for consideration and read the third time: HB 1070. By Messrs. Dorminy of the 115th and Larsen of the 27th: A Bill to be entitled an Act to provide for a comprehensive soil erosion and sediment control program; to provide a short title; to repeal con flicting laws; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to provide for the establishment and imple mentation of a Statewide comprehensive soil erosion and sediment con trol program to conserve and protect land, water, air and other resources of the State; to provide that certain land-disturbing activities may not be carried out without a permit; to provide for the issuance of permits and the conditions under which such permits shall be issued; to provide for certain exceptions; to provide the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. 810 JOURNAL OP THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. This Act shall be known and may be cited as the "Erosion and Sedimentation Act of 1974." Section 2. It is hereby found that soil erosion and sediment deposi tion onto lands and into waters within the watersheds of this State are occurring as a result of widespread failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement and construction activities, and that such erosion and sediment deposition result in pollution of state waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is, therefore, declared to be the policy of this State and the intent of this Act to strengthen and extend the present erosion and sediment control activi ties and programs of this State and to provide for the establishment and implementation of a Statewide comprehensive soil erosion and sediment control program to conserve and protect land, water, air and other resources of the State. Section 3. Unless the context otherwise requires, the following terms, as used in this Act, are defined as follows: (a) "Land-disturbing activity" means any land change which may result in soil erosion from water or wind and the movement of sedi ments into State water or onto lands within the State, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land, other than federal lands, except that the term shall not include the following: (1) "surface mining", as same is defined in subsection (a) of Section 3 of the "Georgia Surface Mining Act of 1968" (Ga. Laws 1968, p. 9), as amended; (2) such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion; (3) the construction of single-family residences when such are constructed by or under contract with the owner for his own occupancy; (4) agricultural practices involving the establishment, cultiva tion or harvesting of products of the field or orchard, forestry land management practices, farm ponds, dairy operations, and livestock and poultry management practices; (5) any project carried out under the technical supervision of the Soil Conservation Service of the United States Department of Agriculture. (b) "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, THURSDAY, JANUARY 31, 1974 811 board, public or private institution, utility, cooperative, State agency, municipality or other political subdivision of this State, any interstate body, or any other legal entity. (c) "Erosion and sediment control plan" or "plan" means a plan for the control of soil erosion and sediment resulting from a landdisturbing activity. (d) "State waters" means any and all waters, public or private, on the surface of the ground, including intermittent streams, which are contained within, flow through or border upon the State or any portion thereof. (e) "Committee" means the State Soil and Water Conservation Committee. (f) "Division" means the Division of Environmental Protection of the Department of Natural Resources. (g) "District" means any one of the Soil and Water Conservation Districts of the State of Georgia. (h) "Soil and Water Conservation District approved plan" means an erosion and sediment control plan approved in writing by a Soil and Water Conservation District. (i) "Issuing Authority" shall mean the governing authority of any county or municipality which has in effect the ordinance provided for in Section 5, and the Division in those instances where an applica tion for a permit is submitted to the Division in those instances wherein such ordinances are not in effect. Section 4. The rules and regulations, ordinances or resolutions adopted pursuant to the provisions of this Act, provided for hereinafter, for the purpose of governing land-disturbing activities shall require as a minimum that: (1) Stripping of vegetation, regrading and other development activities shall be conducted in such a manner so as to minimize erosion. (2) Cut-fill operations must be kept to a minimum. (3) Development plans must conform to topography and soil type so as to create the lowest possible erosion potential. (4) Whenever feasible, natural vegetation shall be retained, pro tected and supplemented. (5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum. (6) Disturbed soil shall be stabilized as quickly as practicable. 812 JOURNAL OF THE HOUSE, (7) Temporary vegetation or mulching shall be employed to pro tect exposed critical areas during development. (8) Permanent vegetation and structural erosion control measures must be installed as soon as practicable. (9) Sediment in runoff water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. (10) Adequate provisions must be provided to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills. (11) Cuts and fills may not endanger adjoining property. (12) Fills may not encroach upon natural water courses or con structed channels. (13) Grading may not be accomplished so as to divert water onto the property of another property owner without the written consent of the property owner. (14) Dust abatement procedures must be employed during all grad ing operations. (15) Grading equipment may not cross live streams except by the means of bridges or culverts. Section 5. Within one year after the effective date of this Act, the governing authority of each county and each municipality shall adopt a comprehensive ordinance establishing the procedures governing landdisturbing activities which are conducted within their respective boundaries. Such ordinances shall contain provisions which meet those minimum requirements set forth in Section 4 of this Act. Each ordi nance within 15 days after enactment shall be forwarded to the Division for review by the Division and the Committee in order to determine that such ordinance meets those minimum requirements set forth in Section 4 of this Act. No ordinance shall become effective until 15 days after the governing authority adopting such ordinance shall receive written notice from the Division that such ordinance has received the approval of the Division and the Committee and meets those minimum require ments set forth in Section 4. Section 6. The Division, by appropriate rules and regulations, shall adopt the procedures governing land-disturbing activities which are conducted in those counties and municipalities which fail to adopt the necessary ordinances provided for in Section 5 of this Act. Such rules and regulations shall be adopted with the advice and consent of the Committee and shall contain provisions which meet those minimum requirements set forth in Section 4 of this Act. Section 7. No land-disturbing activities shall be conducted in this THURSDAY, JANUARY 31, 1974 813 State, except those land-disturbing activities provided for in Section 11, without first securing the permit required herein. In those counties and municipalities which have adopted and shall have in force and effect the approved ordinances provided for in Section 5, the application for such permit shall be made to and the permit shall be issued by the governing authority of the county wherein such land-disturbing activities are to occur in the event such activities will occur outside the corporate limits of a municipality; and in those instances where such activities will occur within the corporate limits of any municipality, the applica tion for such permit shall be made to and the permit shall be issued by the governing authority of the municipality in which such land-disturb ing activities are to occur. In those counties and municipalities wherein no such ordinance is in force and effect, the application for such permit shall be made to and the permit shall be issued by the Division. In each instance, no permit shall be issued unless the erosion and sediment con trol plan shall be approved by the appropriate District as is required by Section 9. Section 8. Applications for permits shall be submitted in accor dance with the provisions of this Act, the rules and regulations, ordinances and resolutions adopted in pursuance thereof. Such applications shall be accompanied by the applicant's erosion and sediment control plans and by such supportive data as will affirmatively demonstrate that the landdisturbing activity proposed will be carried out in such a manner that the minimum requirements required by this Act shall be met. No permit shall be issued to any applicant unless the issuing authority shall affirmatively determine that the plan embracing such activities meets such requirements. Permits shall be issued or denied within 45 days after the application thereof is filed with the issuing authority. Section 9. Immediately upon receipt of an application for a per mit, the application and plan for sediment and erosion control shall be referred to the appropriate District wherein such land-disturbing activities are proposed to take place for its review and recommendations concerning the adequacy of the erosion and sediment control plan pro posed by the applicant. Section 10. Within the time specified by Section 8, the issuing authority shall issue or deny the permit. The issuing authority shall, upon denial of a permit, state its reasons for the denial setting forth specifically wherein such application is found to be deficient. Any landdisturbing activity permitted under this Act shall be carried out in ac cordance with the provisions of this Act, the ordinance, resolution, or rules and regulations adopted and promulgated pursuant to this Act. The issuing authority shall specify on the permit the conditions under which the activity may be undertaken. No land-disturbing activity subject to the provisions of this Act shall be undertaken or conducted by any person without the permit first having been issued. Said permit may be suspended, revoked or modified by the issuing authority upon a finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance, resolu tion, rule or regulation adopted or promulgated pursuant to this Act. 814 JOURNAL OF THE HOUSE, Section 11. A permit for land-disturbing activities to be conducted by any governmental agency shall not be required. Section 12. The Division, Committee and Soil and Water Conserva tion Districts are authorized to employ additional personnel and techni cally trained inspectors as may be necessary for implementation and enforcement of the soil erosion and sediment control program provided for herein. Said Division, Committee and Districts are further au thorized to contract with and to enter into cooperative agreements with counties, municipalities, the Soil Conservation Service of the United States Department of Agriculture, or other Federal or State agencies or subdivisions having technically trained personnel, for assistance in carrying out the provisions of the Act. Section 13. Any person aggrieved by a decision or order of the issuing authority, after exhausting his administrative remedies, shall have the right to appeal de novo to the Superior Court of the county wherein such land-disturbing activities are proposed to occur. Section 14. This Act shall become effective on July 1, 1975. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Larsen of the 102nd moved that HB 1070 and all amendments thereto be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs: Adams, J. H. Berry Blackshear Brantley, H. L. Bray Brown, S. P. Clark Cole Coney Connell Davis, W. Dent Dickey Floyd, L. R. Foster Grahl Grantham Harden Hatcher Hawes Hays Hutchinson Jones Keyton King Lane, W. J. Logan Matthews, C. Mauldin Miles Moyer Mulherin Nix Oxford Peters Phillips, G. S. Rainey Roach Rush Snow Stephens Sweat Thomason Toles Walker Wheeler, J. A. Whitmire Williams Wilson, M. L. Wood THURSDAY, JANUARY 31, 1974 815 Those voting in the negative were Messrs.: Adams, John Adams, M. Alien Bailey Beckham Bennett Bohannon Bond Brantley, H. H. Brown, B. D. Brown, C. Buck Burton Carrell Castleberry Chance Coleman Colwell Daugherty Davis, E. T. Dean, N. Dorminy Duke Egan Elliott Ellis Evans Ezzard Geisinger Gignilliat Greer Groover Hamilton Harrington Harris, J. R. Hill, B. L. Hill, G. Horton, W. L. Howard Howell Hudson Irvin, R. Irwin Jessup Johnson Karrh Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Lowrey Marcus Mason Matthews, D. R. McDaniell McDonald McKinney Mullinax Nessmith Noble Northcutt Odom Patten, G. C. Patten, R. L. Patterson Pearce Phillips, L. L. Ritchie Rogers Russell, J. Russell, W. B. Sams Savage Shanahan Smith, V. B. Thompson Triplett Tucker Twiggs Vaughn Walli Wamble Ware Wilson, J. M. Those not voting were Messrs.: Adams, G. D. Alexander, W. H. Alexander, W. M. Atherton Berlin Bostick Burruss Busbee Carlisle Carr Collins, M. Collins, S. Dean, Gib Dean, J. E. Dixon Dollar Edwards Farrar Floyd, J. H. Fraser Harris, J. F. Harrison Horton, G. T. Irvin, J. Jordan McCracken Milford Morgan Petro Pinkston Reaves Ross Shepherd Smith, J. R. Strickland Townsend Turner Waddle Wheeler, Bobby Willis Mr. Speaker On the motion, the ayes were 50, nays i The motion to table was lost. 816 JOURNAL OF THE HOUSE, Mr. Noble of the 48th moved that HB 1070 be recommitted to the Committee on Natural Resources for further study. Mr. Brown of the 89th offered a substitute motion that the previous question be ordered on HB 1070. The substitute motion prevailed. An amendment, offered by Mr. Hudson of the 115th, was read and lost. The following amendment was read and adopted: Messrs. Groover of the 75th and Castleberry of the 96th move to amend the Committee substitute to HB 1070 as follows: 1. By inserting in line 27, page 4, after the word "upon" the word "flowing". 2. By adding at the end of line 31, page 4 the following: "if the owner is known.". 3. By striking sub-paragraphs 14 and 15 of Section 4. An amendment, offered by Mr. Sweat of the 125th, was read and lost. The Committee substitute, as amended, was adopted. The leport of the Committee, which was favorable to the r-assaf - of the Bill, by substitute, was agrepf' t >, as amended. On the passage of the Bill, by s>.ibstitute, as ,,-ienaet t'.ie roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs : Adams, Marvin Alien Bailey Blacksh. 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 Wednesday's busi ness, February 6, 1974, and submits the following: HB 127. Criminal Cases, Jury Verdict HB 214. Ad Valorem Tax for Education, Exemption (Reconsidered) HB 450. Water Supply Systems, Health HB 709. Georgia Develop. Authority, Housing Finance HB 744. State Employees; Fidelity Bonds HB 995. Insurance, Coverage of Newborn Children HR 439-1245. Homestead Exemption, Exclude Ret. Pensions HB 1258. Exam of Water Well Contractors HB 1260. Motor Vehicles, suspension system HB 1261. Campaigns; Gov. & Lt. Gov. Financial Disclosure HB 1292. Motorized Carts; License HB 1333. Loans, Chgs. & Int., Secondary Sec. Deeds HB 1349. Cigars & Cigs., Illegal, Seizure HB 1364. Counties, Stds. for Budget, Audit HB 1365. Teacher Retirement System, Applications HB 1423. Employees Retirement System, Public Safety 1180 JOURNAL OF THE HOUSE, HB 1437. Teacher's Retirement System, Military Credit HR 511-1512. Public School Teachers, Increase Retirement HB 1558. Waycross Judicial Circuit, Additional Judge HB 1560. Dept. Public Safety, forms for anatomical gift HB 1573. Aggravated Assault, Commit Other Crimes HB 1590. City-County Employees Compensation HB 1594. MFPE, Definitions of School Year HB 1595. County & Independent School Sup't Bonds HB 1607. Juvenile Court, Time Hearing Conducted HB 1676. Insurance; Funeral Contracts All Bills and Resolutions on Tuesday's calendar which has not been acted upon--as follows: HB 235. Office of District Attorney Emeritus HB 974. Common Day of Rest, Setting Apart HB 1284. Bail; Release Prior to Trial HB 1464. Sales Tax, Private Elementary Schools HB 1474. Drugs, Vehicles Used, Contraband HB 1504. Schools Boards, Special Education Facilities HB 1584. Higher Ed. Ass't. Auth., Incentive Scholarship HB 1657. Medical Matter; confidential Respectfully submitted, Lambert of the 97th, Vice-Chairman. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: WEDNESDAY, FEBRUARY 6, 1974 1181 HB 1791. By Mr. Irwin of the 113th: A Bill to be entitled an Act to amend an Act creating a board of com missioners for Terrell County, so as to change the provisions relating to the location of the office of the board of commissioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1792. By Mr. Irwin of the 113th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Terrell County, known as the fee sys tem; to provide in lieu thereof an annual salary; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1793. By Mr. Irwin of the 113th: A Bill to be entitled an Act to provide a new charter for the Town of Sasser; to provide that this Act shall repeal and replace the charter provided by an Act approved December 29, 1890; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1794. By Mr. Larsen of the 27th: A Bill to be entitled an Act to enact the model conflict of interest Act; to prohibit use of public office for pecuniary gain; to prohibit the solicitation or receipt of anything of value by a public official or his household; to prohibt use and disclosure of confidential information; to prohibit conflicts of interest by legislators and legislative employees; to prohibit certain conflicts of interest by public officers and employees; and for other purposes. Referred to the Committee on Rules. HB 1795. By Mr. Shanahan of the 7th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, so as to change the provisions relative to the compensation of said officer; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1796. By Mr. Burruss of the 21st: A Bill to be entitled an Act to amend an Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, 1182 JOURNAL OF THE HOUSE, so as to change the provisions relating to the study of cosmetology under a cosmetologist or in a school or college; to change the requirements for schools and colleges of cosmetology; and for other purposes. Referred to the Committee on Health and Ecology. HB 1797. By Mr. Burruss of the 21st: A Bill to be entitled an Act to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, so as to change the definition of the term "institution"; and for other purposes. Referred to the Committee on Health and Ecology. HB 1798. By Messrs. Peters of the 2nd, Rainey of the 115th, Hays of the 1st and Wamble of the 120th: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt from the taxes imposed by said Act the sale of tickets for admission to sec ondary and elementary school athletic events within individual schools or between schools in the same or in different school systems when such activities are sponsored by county or independent boards of education as an integral part of the total school program; and for other purposes. Referred to the Committee on Ways and Means. HB 1799. By Messrs. Keyton of the 121st, Wamble of the 120th, Cole of the 6th, Miles of the 79th and Hutchinson of the 114th: A Bill to be entitled an Act to amend an Act approved December 27, 1937, as amended, to comprehensively provide for a new schedule of tax rates and return procedures for intangible property; and for other purposes. Referred to the Committee on Ways and Means. HB 1800. By Mr. Adams of the 14th: A Bill to be entitled an Act to amend Code Chapter 92-64, relating to payment of taxes, as amended, so as to authorize counties and munici palities to provide for the collection and payment of ad valorem taxes in two or more installments annually; to provide the basis for computing the amount of installments; to provide that this amendment shall not impose any tax on property which was not owned by the taxpayer on the first day of January; and for other purposes. Referred to the Committee on Ways and Means. HB 1801. By Messrs. Elliott of the 49th, Moyer of the 99th, Egan of the 25th, Noble of the 48th, Duke of the 20th and Waddle of the 98th: 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 drivers, and WEDNESDAY, FEBRUARY 6, 1974 1183 certain other persons, of motor vehicles involved in traffic accidents on the expressway system of certain standard metropolitan statistical areas shall be required to move such motor vehicles so as not to obstruct traffic under certain conditions; and for other purposes. Referred to the Committee on Highways. HB 1802. By Messrs. McCracken and Lewis of the 77th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, so as to extend the corporate limits of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1803. By Messrs. McCracken and Lewis of the 77th: A Bill to be entitled an Act to repeal and replace the charter of the Town of Bartow, so as to create a new charter for said town; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1804. By Messrs. Townsend of the 24th and Brown of the 67th: A Bill to be entitled an Act to amend an Act providing for the control and operation of clinical laboratories, so as to add additional exemptions; to change the number of laboratories an individual shall be permitted to direct; and for other purposes. Referred to the Committee on Health and Ecology. HB 1805. By Messrs. Edwards of the 95th, Colwell of the 4th, Burton of the 47th, Jordan of the 58th, Hudson of the 115th, Connell of the 80th, Rush of the 104th, Wheeler of the 13th, Mauldin of the 13th, Blackshear of the 106th and Mrs. Clark of the 55th: A Bill to be entitled an Act to prohibit any State board, body, agency, official, institution or other person or associations from discriminating against optometrists licensed under Code Chapter 84-11 for visual care services when the visual care services are within the scope of practice of optometrists licensed under said Chapter; and for other purposes. Referred to the Committee on Health and Ecology. HB 1806. By Mr. Hill of the 110th: A Bill to be entitled an Act to provide for the salary of the mayor of all 1184 JOURNAL OF THE HOUSE, municipalities of this State having a population of not less than 100,000 or more than 120,000; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1807. By Mr. Hill of the 110th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah . . .", so as to provide for the powers and duties of the City Manager of the City of Savannah; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1808. By Mr. Greer of the 43rd: A Bill to be entitled an Act to appropriate funds to the Fulton-DeKalb Hospital Authority; and for other purposes. Referred to the Committee on Appropriations. HB 1809. By Mr. Atherton of the 19th: A Bill to be entitled an Act to authorize and direct county boards of health and county boards of family and children services, and the re spective departments thereof, to take the necessary action to insure full and complete cooperation between such county departments; and for other purposes. Referred to the Committee on Health and Ecology. HR 601-1809. By Messrs. Horton of the 56th, Harrington of the 93rd and Morgan of the 70th: A Resolution creating the Welfare System Study Committee; and for other purposes. Referred to the Committee on Rules. HR 602-1809. By Messrs. Lewis of the 77th, Colwell of the 4th and Collins of the 122nd: A Resolution compensating William Warren Clark, Jr.; and for other purposes. Referred to the Committee on Appropriations. WEDNESDAY, FEBRUARY 6, 1974 1185 HB 1810. By Mr. Horton of the 56th: A Bill to be entitled an Act to exempt from ad valorem taxation for edu cational purposes levied by certain county school districts the homestead, but not to exceed $10,000 of its value, of any resident of such county school district who is sixty-two years of age or older, and who has in come from all sources, including income from all sources of alll members of his family, not exceeding $6,000 per annum; and for other purposes. Referred to the Committee on Ways and Means. HB 1811. By Mr. Edwards of the 95th: A Bill to be entitled an Act to be known as the "Georgia Ambulance Services Act"; to provide for a short title; to provide for definitions; to create the Georgia State Board of Ambulance Service; and for other purposes. Referred to the Committee on Health and Ecology. HB 1812. By Messrs. Sams of the 83rd and Miles of the 79th: 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, so as to revise, consolidate and clarify all the laws establishing, con cerning and relating to the Municipal Court, City of Augusta, in and for the County of Richmond; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1813. By Mr. Larsen of the 27th: 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 authorize and regulate the sale of malt beverages under certain conditions; and for other purposes. Referred to the Committee on University System of Georgia. HB 1814. By Messrs. Walker of the 100th and Grahl of the 88th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Macon County, so as to change the compensation of the board of commissioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1815. By Messrs. Burton of the 47th, Wheeler of the 127th, Noble of the 48th, Floyd and Davis of the 56th, Grantham of the 127th and Lane of the 40th: A Bill to be entitled an Act to amend an Act known as the "Minimum 1186 JOURNAL OF THE HOUSE, Foundation Program of Education Act", so as to provide certain re quirements relative to the certification of teachers, principals and guid ance counselors; and for other purposes. Referred to the Committee on Education. HB 1816. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to allotment of teachers and certificated personnel; and for other purposes. Referred to the Committee on Education. HB 1817. By Messrs. Howard of the 19th, Murphy of the 18th, Williams of the 9th, Logan of the 62nd, Northcutt of the 68th and Adams of the 14th: A Bill to be entitled an Act to amend an Act known as the "Executive Reorganization Act of 1972", and an Act known as the Georgia Police Academy Act, so as to transfer authority of the Georgia Police Acad emy from the Peace Officers' Standards and Training Council to the Board of Public Safety; to create the position of Superintendent of the Police Academy; and for other purposes. Referred to the Committee on Special Judiciary. HB 1818. By Mr. Vaughn of the 57th: A Bill to be entitled an Act to amend an Act providing that the govern ing 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 12 months from the date such annexation became effective, so as to clarify the time within which an application for rezoning may be resubmitted for consideration; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1819. By Mr. Alexander of the 39th: A Bill to be entitled an Act to amend an Act creating the Joint CityCounty Board of Tax Assessors in certain counties (population of 300,000 or more), so as to provide for the method of arbitration of assessments made by the Joint Board of Tax Assessors and to further provide for appeals to the Superior Court from the decision of the arbi trators; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. WEDNESDAY, FEBRUARY 6, 1974 1187 HR 622-1819. By Messrs. Burruss of the 21st, Coleman of the 102nd, Wheeler of the 127th, Walker of the 100th, Rush of the 104th, Lewis of the 77th, Patten of the 124th, Jessup of the 102nd, Smith of the 74th and Larsen of the 102nd: A Resolution directing the State Department of Education and the Geor gia Educational Television Network to cooperate in the preparation of a film of an address by the Honorable Ben W. Fortson, Jr. to a joint session of the General Assembly of Georgia; and for other purposes. Referred to the Committee on Education. HB 1820. 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 prohibit the retail sale of distilled spirits in unbroken packages on certain days; and for other purposes. Referred to the Committee on Temperance. HB 1821. By Mr. Evans of the 89th: A Bill to be entitled an Act to amend the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, so as to repeal the pro vision prohibiting retail licensees to willingly and knowingly sell more than two quarts per day to any purchaser; to require retail licensees to keep a register or book showing the name and address of any person purchasing more than two standard cases per day; and for other purposes. Referred to the Committee on Temperance. HB 1822. By Messrs. Evans and Dickey of the 89th: A Bill to be entitled an Act to be known as the "Georgia Campaign Con tributions Disclosure Act of 1974"; to provide for the disclosure of cer tain political campaign contributions; to provide for definitions; to provide for the filing and disclosure of reports; to provide that such reports shall be open to public inspection and copying; to provide for the preservation of such reports; and for other purposes. Referred to the Committee on Banks and Banking. HB 1823. By Mr. Egan of the 25th: A Bill to be entitled an Act to amend Code Title 34, known as the "Georgia Election Code", so as to change the definition of "superin tendent"; to add a new Code Chapter 34-4A, relating to county boards of elections, so as to provide for the powers and duties of county boards of elections; and for other purposes. Referred to the Committee on State of Republic. -1188 JOURNAL OF THE HOUSE, HB 1824. By Mr. Rush of the 104th: A Bill to be entitled an Act to provide that regulated certificated banks in certain counties may merge, consolidate or become a branch of any state-chartered bank situated in any county adjoining the county in which the regulated certificated bank is located, subject to the approval of the Commissioner of the Department of Banking and Finance; and for other purposes. Referred to the Committee on Banks and Banking. By unanimous consent, HB 1824 was ordered engrossed. By unanimous censent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1766. By Mr. Snow of the 1st: A Bill to be entitled an Act to create a new Charter for the City of Rossville in the County of Walker; to amend, consolidate, and supersede all laws in force relating to said city; to provide for incorporation; and for other purposes. HB 1767. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to be entitled an Act to amend an Act creating a Small Claims Court for Lowndes County, so as to change the civil jurisdiction of the Small Claims Court of Lowndes County; and for other purposes. HB 1768. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Lowndes County on a salary basis in lieu of a fee basis, so as to change the budget requirements of said office from a calendar year to a fiscal year; and for other purposes. HB 1769. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to be entitled an Act to amend the Act placing the Tax Commis sioner of Lowndes County upon an annual salary in lieu of the fee sys tem of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year; and for other purposes. HB 1770. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Lowndes County upon an annual salary in lieu of the WEDNESDAY, FEBRUARY 6, 1974 1189 fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year; and for other purposes. HB 1771. By Mr. Vaughn of the 57th: A Bill to be entitled an Act to provide for the payment of taxes in two equal installments in certain counties of this State (population of not less than 18,100 and not more than 18,250) and in all municipalities lo cated in such counties; and for other purposes. HB 1772. By Messrs. Mulherin of the 81st, Sams of the 83rd, Miles of the 79th, Beckham of the 82nd and Connell of the 80th: A Bill to be entitled an Act to amend an Act relating to the appointment of certain assistants to certain district attorneys (counties having a population of not less than 145,000 and not more than 165,000), so as to create the position of chief investigator; and for other purposes. HB 1773. By Messrs. Rush of the 104th and Fraser of the 117th: A Bill to be entitled an Act to provide for the compensation of the members of the Board of Education of Long County; and for other purposes. HB 1774. By Mr. Wamble of the 120th: A Bill to be entitled an Act to amend Code Section 68-5010, relating to the definitions used in relation to motor contract carriers; so as to pro vide that the term "motor carrier" shall not include motor vehicles designed to accommodate not more than nine passengers when the op erator thereof is transporting passengers for a consideration enroute between the operator's residence and his place of employment; and for other purposes. HB 1775. By Mr. Adams of the 84th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Harris County upon an annual salary, so as to authorize the governing authority of Harris County to fix the salary of each of the sheriff's deputies in an amount not less than a certain minimum salary; and for other purposes. HB 1776. By Mr. Floyd of the 5th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Chattooga County upon an annual salary, so as to provide for the ap pointment of additional personnel within the Sheriff's office; and for other purposes. 1190 JOURNAL OF THE HOUSE, HB 1777. By Mr. Floyd of the 5th: A Bill to be entitled an Act to provide that it shall be unlawful for any county officer of Chattooga County to wilfully fail or refuse to account for any county funds or to pay over to the proper fiscal authority any county funds in their charge as required by law; and for other purposes. HR 593-1777. By Messrs. Floyd of the 5th, Murphy of the 18th, Busbee of the 114th, McCracken of the 77th, Lambert of the 97th, Connell of the 80th, Lee of the 68th, Edwards of the 95th, Buck of the 87th, Ware of the 65th and others: A Resolution naming and designating the World Congress Center as the "Geo. L. Smith II World Congress Center"; and for other purposes. HR 594-1777. By Mr. Marcus of the 26th: A Resolution compensating Mr. E. P. Bickers; and for other purposes. HR 595-1777. By Mr. Harrington of the 93rd: A Resolution transferring control and jurisdiction of a tract of land located in Baldwin County to the State Properties Control Commission and authorizing said commission to lease said tract of land to Baldwin County and the City of Milledgeville; and for other purposes. HR 596-1777. By Messrs. Triplett of the lllth, Jones of the 109th, Chance of the 112th, Alien of the 108th, Ellis of the 107th and Gignilliat of the 105th: A Resolution proposing an amendment to the Constitution so as to create the General Hospital Authority of West Chatham County and to provide for all matters relative thereto; and for other purposes. HB 1778. By Mr. Karrh of the 91st: A Bill to be entitled an Act to amend Code Section 95A-959, relating to weights of vehicles and loads, so as to change the provisions relating to exceptions with respect to weight limitations; and for other purposes. HB 1779. By Mr. Brantley of the 92nd: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Candler County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. HB 1780. By Messrs. Coleman of the 102nd, Milford of the 13th, Adams of the 14th, Alien of the 108th, Marcus of the 26th and Hatcher of the 114th: A Bill to be entitled an Act to provide that it is unlawful to remove, steal, or abandon shopping carts in certain circumstances; and for other purposes. WEDNESDAY, FEBRUARY 6, 1974 1191 HB 1781. By Messrs. Kreeger of the 21st Wilson and Howard of the 19th, McDaniell of the 20th and Burruss of the 21st: A Bill to be entitled an Act to amend an Act amending, revising, con solidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a City, so as to change the corporate limits of said city; and for other purposes. HB 1782. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th, Nix, Duke and McDaniell of the 20th, Atherton of the 19th and Burruss of the 21st: A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, formerly known as the Civil and Criminal Court of Cobb County, so as to provide for an additional judge of the State Court of Cobb County; and for other purposes. HB 1783. By Messrs. Kreeger of the 21st, Wilson, Howard and Atherton of the 19th and Burruss of the 21st: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dallas, so as to change the composition of the wards of said City; and for other purposes. HB 1784. By Mr. Lewis of the 77th: A Bill to be entitled an Act to reincorporate the City of Wadley in the County of Jefferson; to create a new charter for said city; and for other purposes. HB 1785. By Messrs. Lewis of the 77th, Nessmith and Lane of the 76th: A Bill to be entitled an Act to amend an Act creating the State Court of Burke County, so as to change the compensation of the judge and solicitor of said court; and for other purposes. HB 1786. By Mr. Oxford of the 101st: A Bill to be entitled an Act to amend an Act entitled "An Act to amend, revise, and consolidate the several Acts granting corporate authority of the City of Americus, to convey additional power upon the Mayor and City Council of Americus, to extend the corporate limits of said city . . .", so as to authorize the Mayor and Council of the City of Americus to provide off-street parking facilities for motor vehicles and to impose reasonable charges for1 the use of such facilities; and for other purposes. HB 1787. By Mr. Oxford of the 101st: A Bill to be entitled an Act to amend an Act establishing the fee system 1192 JOURNAL OF THE HOUSE, of compensating the clerk of the superior court and the city court clerk in the County of Sumter, so as to change the compensation of the em ployees of the clerk of the courts; and for other purposes. HB 1788. By Mr. Marcus of the 26th: A Bill to be entitled an Act to regulate the practice of marriage and family counseling in the State of Georgia; to provide for a short title; to provide for declaration of purpose; to define certain terms; to pro vide for a Georgia Marriage and Family Counselor Licensing Board; and for other purposes. HB 1789. By Messrs. Morgan of the 70th and Carrell of the 71st: A Bill to be entitled an Act to amend an Act creating the Alcovy Judi cial Circuit, so as to change the provisions relating to grand juries; and for other purposes. HB 1790. By Messrs. Bennett, Patten and Reaves of the 124th: A Bill to be entitled an Act to amend an Act placing the Ordinary of Lowndes County upon an annual salary in lieu of the fee system of com pensation, so as to change the budget requirements of said office from a calendar year to a fiscal year; and for other purposes. HR 597-1790. By Mr. Busbee of the 114th: A Resolution compensating Miss Margaret Ann Sellers; and for other purposes. HR 598-1790. By Mr. Levitas of the 50th: A Resolution proposing an amendment to the Constitution so as to pro vide that any other provision of this Constitution to the contrary not withstanding, all payments made or to be made and all credits against ad valorem taxation granted or to be granted under the provisions of an act providing, from State appropriations, funds as grants to counties for county roads and maintenance and providing that such funds shall be used as a credit on certain ad valorem taxes on tangible properties; and for other purposes. SB 443. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend an Act comprehensively revising appellate and other post trial procedure, so as to provide for inter locutory appeals upon petition to the Supreme Court or Court of Ap peals; and for other purposes. WEDNESDAY, FEBRUARY 6, 1974 1193 SB 467. By Senator London of the 50th: A Bill to be entitled an Act to amend Code Chapter 59-1, relating to se lection of jurors, so as to provide for election of a chairman of boards of jury commissioners; to provide for notices; to define a quorum for the purposes of boards of jury commissioners; and for other purposes. SB 496. By Senator Coggin of the 35th: A Bill to be entitled an Act to amend an Act known as the "Executive Reorganization Act of 1972", so as to create the Georgia Bureau of Investigation; to provide for the transfer of the State Crime Laboratory and its functions to the Georgia Bureau of Investigation; and for other purposes. SB 498. By Senators Gillis of the 20th, Holley of the 22nd and Zipperer of the 3rd: A Bill to be entitled an Act to amend Code Section 84-722, relating to dental college clinics, so as to provide that nothing in Code Chapter 84-7 shall prohibit regularly chartered dental colleges or dental departments of reputable colleges and universities from maintaining college clinics; and for other purposes. SB 516. By Senator Coggin of the 35th: A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pretrial, trial and certain post trial procedures in civil cases, so as to provide that a mo tion to set aside shall lie to attack a judgment based upon a lack of jurisdiction over the person or subject matters; and for other purposes. SB 533. By Senators McGill of the 24th, Holloway of the 12th and Broun of the 46th: A Bill to be entitled an Act to provide for the procedure relative to the compensation, expenses, mileage and allowances for the Secretary of the Senate; and for other purposes. SB 539. By Senators London of the 50th and Overby of the 49th: A Bill to be entitled an Act to amend an Act fixing the salaries of the judges of the superior courts, so as to provide Social Security coverage under the Federal Old Age and Survivors Insurance System to secre taries of superior court judges and district attorneys; and for other purposes. SB 540. By Senators London of the 50th and Overby of the 49th: A Bill to be entitled an Act to amend an Act providing for certain as sistant district attorneys in certain judicial circuits, so as to provide Social Security coverage under the Federal Old Age and Survivors In surance System to assistant district attorneys; and for other purposes. 1194 JOURNAL OF THE HOUSE, SB 542. By Senator Herndon of the 10th: A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, so as to change the cost provisions of said courts; and for other purposes. SB 544. By Senator Carter of the 14th: A Bill to be entitled an Act to provide that it shall be illegal for any per son to alter, modify or change in any manner whatsoever the serial number of any firearm, and to amend an Act to prohibit possession of certain types of firearms, so as to provide that it shall be illegal to possess certain firearms; and for other purposes. SB 548. By Senators London of the 50th and Overby of the 49th: A Bill to be entitled an Act to provide an opportunity for each member municipality and each member county to review and comment on certain contracts entered into by APDC's; to prohibit APDC's from entering into certain contracts; and for other purposes. SB 565. By Senators Gillis of the 20th, Cox of the 21st and Holley of the 22nd: A Bill to be entitled an Act to amend Code Section 39-1201, relating to the time, place and manner of holding public sales of property under execution, so as to provide for alternative days on which such public sales shall be conducted under certain circumstances; and for other purposes. SB 566. By Senator Salter of the 17th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jackson, so as to provide for employment of elected of ficials in certain capacities; and for other purposes. SB 567. By Senators Johnson of the 38th, Stephens of the 36th, Garrard of the 37th and others: A Bill to be entitled an Act to permit certain municipalities which es tablish a planning department to establish a Zoning Review Board under certain circumstances; and for other purposes. SB 482. By Senator Starr of the 44th: A Bill to be entitled an Act to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners, so as to require the Com missioner of Offender Rehabilitation to transfer within a certain num ber of days any person convicted and sentenced to serve time in any WEDNESDAY, FEBRUARY 6, 1974 1195 State penal institution when no appeal or motion for a new trial is filed, or when a direct appeal or motion for a new trial is filed and no appeal bond is posted or approved; and for other purposes. SB 471. By Senator Coverdell of the 40th: A Bill to be entitled an Act to require the Governor to make an annual report to the General Assembly on his administration's policies and goals on certain subjects; 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 the same back to the House with the following recommendations: HR 475-1377. Do Pass. HB 1705. Do Pass. HB 1465. Do Pass. HB 1665. Do Pass. HB 1541. Do Pass, by Substitute. HB 1708. Do Pass. Respectfully submitted, Williams of the 9th, 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 1616. Do Pass. SB 135. Do Pass, by Substitute. Respectfully submitted, Harrington of the 93rd, Chairman. 1196 JOURNAL OF THE HOUSE, 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1706. Do Pass, by Substitute. Respectfully submitted, Moyer of the 99th, Secretary. 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 455-1298. Do Pass. HB 1707. Do Pass. HB 509. Do Pass. SB 85. Do Pass. Respectfully submitted, Moyer of the 99th, Secretary. Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 91. Do Pass. WEDNESDAY, FEBRUARY 6, 1974 1197 SB 216. Do Pass. SB 459. Do Pass, as Amended. Respectfully submitted, Snow of the 1st, Chairman. Mr. Roach of the 8th District, Chairman of the Committee on Special Judi ciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the follow ing Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 38. Do Pass, by Substitute. Respectfully submitted, Howard of the 19th, Secretary. Mr. Roach of the 8th District, Chairman of the Committee on Special Judi ciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1403. HB 1433. HB 1407. HB 1611. SB 295. HB 1740. HB 1741. HB 1742. HB 945. SB 494. Do Pass, by Substitute. Do Not Pass. Do Pass, as Amended. Do Pass. Do Pass, as Amended. Do Not Pass. Do Pass. Do Pass. Do Pass, by Substitute. Do Pass. Respectfully submitted, Roach of the 8th, Chairman. 1198 JOURNAL OF THE HOUSE, Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs (Local Legislation) 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 recom mendations : HB 936. Do Pass. HB 937. Do Pass. HB 1381. Do Pass. HB 1500. Do Pass. HB 1519. Do Pass. HB 1520. Do Pass. HB 1521. Do Pass. HB 1719. Do Pass. HB 1738. Do Pass. HB 1743. Do Pass. HB 1747. Do Pass. HB 1748. Do Pass, as Amended. HB 1750. Do Pass. HB 1757. Do Pass. HB 1760. Do Pass. SB 487. Do Pass. Respectfully submitted, Levitas of the 50th, Chairman. Mr. Levitas of the 50th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report same back to the House with the following recommendations: HB 476. Do Pass. HB 1248. Do Pass, as Amended. WEDNESDAY, FEBRUARY 6, 1974 1199 HB 1249. Do Pass. HB 1425. Do Pass, as Amended. HB 1426. Do Pass, as Amended. HB 1684. Do Pass, as Amended. HB 1726. Do Pass, as Amended. HR 128-480. Do Pass. Respectfully submitted, Levitas of the 50th, Chairman. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit: SB 576. By Senator Webb of the llth: A Bill to amend an Act creating the State Court of Miller County (for merly the City Court of Miller County), approved March 2, 1935, as amended, so as to change the salary of the judge of said court; to pro vide an effective date. SB 584. By Senator McGill of the 26th: A Bill to provide for the appointment of the County School Superin tendent of Wilkes County by the Board of Education of Wilkes County; to provide for the time of the initial appointment; to provide for any other matters relative to the foregoing; to provide for a referendum. SB 585. By Senator McGill of the 24th: A Bill to amend an Act creating the Oglethorpe Development Authority, so as to change the composition of such Authority. SB 597. By Senator McGill of the 24th: A Bill to abolish the present mode of compensating the Clerk of the Superior Court of Oglethorpe County. "1200 JOURNAL OP THE HOUSE, HB 1237. By Messrs. Dean of the 60th and Mason of the 59th: A Bill to amend an Act creating a new charter and municipal govern ment for the City of Buford, as amended, so as to change the provisions relating to the eligibility and election of members of the commission. HB 1538. By Messrs. Grantham and Wheeler of the 127th: A Bill to abolish the present mode of compensating the Ordinary of Bacon County. HB 1539. By Messrs. Wheeler and Grantham of the 127th: A Bill to amend an Act consolidating the office of Tax Receiver and Tax Collector of Bacon County. HB 1548. By Mr. Buck of the 87th and others: A Bill to amend the charter of Columbus, so as to provide that a coun cilman or mayor resigning his position as such councilman or mayor prior to qualifying for his elective office may be eligible to serve in such new elective office. HB 1549. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others: A Bill to amend an Act creating the Medical Center Board of Com missioners. HB 1550. By Mr. Buck of the 87th and others: A Bill to amend the Charter of Columbus, so as to provide that con tractual claims against Columbus must be presented within 12 months after they accrue. HB 1551. By Mr. Buck of the 87th and others: A Bill to amend the charter of Columbus, so as to establish the date of the council following an election and the term of office of the mayor pro tern HB 1552. By Mr. Buck of the 87th and others: A Bill to amend the charter of Columbus, so as to make ordinances, the violation of which are criminal in nature, effective 10 days after they have been signed by the mayor and returned by the clerk. WEDNESDAY, FEBRUARY 6, 1974 1201 HB 1561. By Messrs. McCracken and Lewis of the 77th: A Bill to amend an Act establishing a new charter for the City of Louisville. HB 1562. By Messrs. Hill of the 110th, Ellis of the 107th and others: A Bill to amend Code Section 24A-201, relating to the creation of ju venile courts in certain counties. HB 1570. By Mr. Ritchie of the llth: A Bill to amend an Act creating a board of commissioners for Habersham County. HB 1574. By Messrs. Bohannon and Patterson of the 64th: A Bill to amend an Act placing the Ordinary of Carroll County upon an annual salary so as to change the compensation of the Ordinary. HB 1575. By Messrs. Bohannon and Patterson of the 64th: A Bill to amend an Act creating the office of Tax Commissioner of Carroll County. HB 1576. By Messrs. Bohannon and Patterson of the 64th: A Bill to amend an "Act to amend an Act establishing a new charter for the City of Carrollton . . . .", by changing the term of office of the Mayor and four councilmen to four years. HB 1577. By Messrs. Bohannon and Patterson of the 64th: A Bill to extend the corporate city limits of the City of Carrollton so as to include the property encompassed by the Industrial Park of Carrollton. HB 1578. By Messrs. Bohannon and Patterson of the 64th: A Bill to amend an Act placing the Sheriff of Carroll County upon an annual salary, so as to change the compensation of the Sheriff. HB 1579. By Messrs. Bohannon and Patterson of the 64th:. A Bill to provide for a board of elections in certain counties (population not less than 45,000 and not more than 50,000). 1202 JOURNAL OF THE HOUSE, HB 1580. By Messrs. Bohannon and Patterson of the 64th: A Bill to amend an Act placing the Clerk of the Superior Court of Carroll County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court. HB 1581. By Messrs. Bohannon and Patterson of the 64th: A Bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge of said court. HB 1582. By Messrs. Bohannon and Patterson of the 64th: A Bill to amend an Act creating the office of Commissioner of Carroll County. HB 1612. By Mr. Bray of the 66th: A Bill to amend an Act incorporating the City of Manchester, so as to remove certain territory from the corporate limits of the said city. SB 582. By Senators Wasden of the 2nd, Zipperer of the 3rd and Riley of the 1st: A Bill to amend an Act providing for a board of elections in certain counties. The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit: HB 1402. By Mr. Grahl of the 88th: A Bill to require all pecan processors and wholesalers in the State of Georgia to secure a license from the Department of Agriculture. The Senate has passed by Substitute by the requisite constitutional majority the following Bill of the House, to-wit: HB 1477. By Mr. Jones of the 109th: A Bill to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County. The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit: WEDNESDAY, FEBRUARY 6, 1974 1203 SB 451. By Senator Kidd of the 25th: A Bill to amend an Act providing for sick leave for teachers in the pub lic schools in this State, approved Dec. 10, 1953, as amended. SB 574. By Senators McGill of the 24th, Gillis of the 20th, Cox of the 21st and others: A Bill to authorize and empower the Georgia State Scholarship Com mission to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to pursue a program of study in veterinary medicine. SB 579. By Senator Thompson of the 32nd: A Bill to amend Code Section 32-942, relating to the keeping of school funds separate from other funds. SB 587. By Senator Carter of the 14th: A Bill to amend an Act creating the Department of Public Safety, as amended, so as to provide that the rank and pay of the Commanding Officer of the Uniform Division of the Department of Public Safety shall be established by the Board of Public Safety. SB 592. By Senator Kidd of the 25th: A Bill to amend an Act known as the "Georgia Barber Act", so as to change the requirements for the issuance of licenses to practice barbering. The Senate has adopted the Report of the No. 2 Committee of Conference on the following Bill of the House, to-wit: HB 176. By Mr. Greer of the 43rd: A Bill to provide credit for prior service to general employee and teacher members of pension systems of cities of more than 200,000 population under certain circumstances. The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit: SB 558. By Senator Starr of the 44th: A Bill to amend an Act known as the "Georgia Proprietary School 1204 JOURNAL OF THE HOUSE, Act", as amended, so as to change the provisions relative to a certain exemption. SB 562. By Senators Lester of the 23rd and Doss of the 52nd: A Bill to amend Code Section 88-504.2, relating to admission of a men tally ill person to an emergency receiving facility, as amended, so as to provide for orders. SB 563. By Senators Lester of the 23rd and Doss of the 52nd: A Bill to amend Code Section 88-404.7, relating to admission of certain persons to emergency receiving facilities. SB 569. By Senator Herndon of the 10th: A Bill to amend an Act known as the "Children and Youth Act". SB 570. By Senator Herndon of the 10th: A Bill to amend Code Chapter 30-2, relating to alimony, as amended, so as to provide for attorneys' fees in certain actions for enforcement or modification of judgments relating to divorce, alimony, support or cus tody of minor children. Mr. Groover of the 75th arose to a point of personal privilege and addressed the House. Mr. Brown of the 67th arose to a point of personal privilege and addressed the House. Mr. Brown of the 67th arose to a point of personal privilege and addressed the House. Mr. Bostick of the 123rd arose to a point of personal privilege and addressed the House. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: WEDNESDAY, FEBRUARY 6, 1974 1205 SB 464. By Senator Dean of the 6th: A Bill to provide for the acquisition, construction, and maintenance of bicycle trails; to authorize the Department of Natural Resources to enter into agreements with counties and municipalities; to provide for funding. Mr. Groover of the 75th moved that the House reconsider its action in giving the requisite two-thirds constitutional majority to the following Resolution of the House: HR 540-1634. By Messrs. Brown of the 89th and Bostick of the 123rd: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from ad valorem taxation certain harvested agricultural products; 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 Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Bohannon Brantley, H. H. Brown, C. Burruss Carlisle Carrell Chance Cole Davis, W. Dean, Gib Dixon Duke Edwards Ellis Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Groover Harden Harrington Harris, J. R. Hatcher Hays Hill, G. Horton, G. T. Howard Hudson Irwin Johnson Jones Jordan Knight Lambert Lee Lewis Logan Lowrey Mason Matthews, C. McCracken McDaniell McDonald Mullinax Nix Northcutt Patterson Peters Phillips, G. S. Phillips, L. L. Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. B. Shanahan Smith, J. R. Snow Stephens Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Wall Ware 1206 JOURNAL OF THE HOUSE, Those voting in the negative were Messrs.: Adams, G. D. Adams, J. H. Adams, Marvin Beckham Berlin Bond Bostick Brantley, H. L. Brown, S. P. Buck Burton Carr Castleberry Clark Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Dent Dickey Elliott Evans Geisinger Greer Hamilton Hawes Horton, W. L. Howell Hutchinson Irvin, J. Irvin, R. Jessup Karrh Lane, W. J. Larsen, W. W. Levitas Marcus Matthews, D. R. Mauldin Miles Milford Morgan Moyer Mulherin Nessmith Noble Odom Oxford Patten, G. C. Patten, R. L. Pinkston Rush Sams Savage Shepherd Smith, V. B. Sweat Townsend Waddle Walker Wamble Wheeler, Bobby Wheeler, J. A. Wilson, M. L. Those not voting were Messrs.: Berry Blackshear Bray Brown, B. D. Busbee Colwell Dean, J. E. Dean, N. Dollar Dorminy Duke Egan Ezzard Harris, J. F. Harrison Hill, B. L. Keyton King Kreeger Lane, Dick Larsen, G. K. McKinney Pearce Petro Rainey Strickland Whitmire Williams Willis Wilson, J. M. Wood Mr. Speaker On the motion, the ayes were 82, nays 67. The motion prevailed and the House reconsidered its action in giving the requisite two-thirds constitutional majority to HR 540-1634. Mr. Floyd of the 5th arose to a point of personal privilege and addressed the House. The following Resolution of the House was read and adopted: WEDNESDAY, FEBRUARY 6, 1974 1207 HR 623. By Mr. Edwards of the 95th: A RESOLUTION Urging the citizens of Georgia to support the "Stop Drugs at the Source" program; and for other purposes. WHEREAS, the incidence of drug abuse has increased drastically in the State of Georgia during the last few years; and WHEREAS, the only possible solution to the problem of illegal drugs is to stop these illegal drugs at the source; and WHEREAS, in 1972, the members of the Georgia General Assembly adopted a resolution urging all citizens of the State of Georgia to sign the petition entitled "Stop Drugs at the Source"; and WHEREAS, this petition is probably the most educational exercise students could be involved in which is aimed at eliminating drug abuse in our State and Nation; and WHEREAS, the necessity for the success of this project has been acknowledged by the State Department of Education; and WHEREAS, the State Department of Education, through its statewide contact with school children, can provide a needed voice for the General Assembly in urging the citizens of this State to participate in this petition drive. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby urge all of the citizens of Georgia to participate in the "Stop Drugs at the Source" program by signing the "Stop Drugs at the Source" petition. BE IT FURTHER RESOLVED that the members of the House of Representatives hereby request the State Department of Education to act as a voice of the House of Representatives in the educational petition drive to "Stop Drugs at the Source". BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this resolution to the State Department of Education. 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 235. By Messrs. Groover of the 75th, Tucker of the 69th, Adams and Smith of the 74th: A Bill to be entitled an Act to amend an Act entitled "An Act to 1208 JOURNAL OF THE HOUSE, provide for the creation of the office of district attorney emeritus; to prescribe eligibility for incumbents; and for other purposes. The following Committee substitute was read and withdrawn by unanimous consent: A BILL To be entitled an Act to amend an Act entitled, "An Act to provide for the creation of the office of district attorney emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said Fund; and for other purposes.", approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 481), and an Act approved March 16, 1972 (Ga. Laws 1972, p. 220), so as to provide that any time served by a district attorney as a member of the General Assembly not to exceed three years and any time served as an attorney for the State or any authority thereof on a salary basis, may be counted in computing the number of years of service required of a district at torney by said Act; to provide a date by which payment shall be made in order to receive Armed Forces credit; 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 entitled, "An Act to provide for the creation of the office of district attorney emeritus; to prescribe eligibility for in cumbents; to provide the terms, duties and compensation to incumbents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disburse ments from said Fund; and for other purposes.", approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 481), and an Act approved March 16, 1672 (Ga. Laws 1972, p. 220), is hereby amended by striking the second from the last paragraph and the last paragraph of Section 9 and inserting in lieu thereof new paragraphs to read as follows: "Provided, further, that in computing years of service as a district attorney, credit shall be given for service in the Armed Forces of the United States occasioned by only one of the national emergencies of either of the following: World War I, or World War II, or Korean conflict, upon payment into the retirement fund of the maximum payments provided hereinabove for each year or fraction of year of such service in the Armed Forces together with an amount of money equivalent to six percent (6) simple interest on said sums of money for each year from the beginning of his service as a district attorney until the date of paying the contri butions into the fund, whereupon the district attorney shall receive a credit of one year for each year or fraction of year of such service for which contribution into the fund has been made. Such payment WEDNESDAY, FEBRUARY 6, 1974 1209 shall be made on or before June 30, 1974, or within six months from the beginning of his service as a district attorney, whichever is later." "Provided, further, that in computing years of service as a district attorney for any purpose under this Act, any time served as a member of the General Assembly not to exceed three years and any time served as an attorney for the State or any Authority thereof on a salary basis, may be counted in computing the number of years of service required of any district attorney if he shall pay into the Retirement Fund the maximum payment provided by this Act for each year of service actually served as a member of the General Assembly not to exceed three years and any time served as an attorney for the State or any Authority thereof on a salary basis, plus interest on each payment at the rate of six per cent per annum, such payment to be made on or before June 30, 1973, or within six months from the beginning of his service as a district attorney, whichever is later. In computing such credit, any such district attorney shall be credited for a full year for each year of membership in the General Assembly of Georgia and a full year for each year he served as on attorney for the State or any Authority thereof on a salary basis." 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. Groover of the 75th moves to amend HB 235 by striking "1973" on line 2, page 3 and inserting in lieu thereof, "1974". 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, 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 Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray 1210 JOURNAL OF THE HOUSE, Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, S. Coney Connell Daugherty Davis, W. Dean, J. E. Dean, N. Dent Dorminy Duke Edwards Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Karrh Knight Kreeger Lane, W. J. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessniith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Phillips, G. S. Phillips, L. L. Rainey Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Tucker Turner Waddle Walker Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Voting in the negative was Mr. Dick Lane. Those not voting were Messrs.: Adams, Marvin Beckham Berlin Berry Blackshear Collins, M. Colwell Davis, E. T. Dean, Gib Dickey Dixon Dollar Egan Elliott Ellis Evans Ezzard Farrar Grahl Greer Hill, B. L. Howell Jordan Keyton King Lambert Larsen, G. K. Mason McKinney Pearce Peters Petro Pinkston Reaves Russell, W. B. Strickland Thomason Townsend Triplett WEDNESDAY, FEBRUARY 6, 1974 1211 Twiggs Vaughn Wall Wamble Willis Mr. Speaker On the passage of the Bill, as amended, the ayes were 134, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1464. By Mr. Groover of the 75th: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exclude from the terms "retail sale" and "sale at retail" as used in said Act, charges for transportation to certain private elementary and secondary schools in this State; and for other purposes. The following Committee amendment was read and adopted: The Committee on Ways and Means moves to amend HB 1464 as follow: By inserting in Line 5 after the word "transportation" the words "of school children". And, by striking from Line 14 the word "passengers" and substitut ing in lieu thereof the words "school children". 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 102, nays 1. 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 substitute thereto: HB 1477. By Messrs. Jones of the 109th, Triplett of the lllth, Gignilliat of the 105th and others: A Bill to be entitled an Act to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chat ham shall be elected by the voters of Chatham County, so as to change the provisions relative to filling vacancies on said Board of Education; and for other purposes. 1212 JOURNAL OF THE HOUSE, The following Senate substitute was read: A BILL To be entitled an Act to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County, approved March 21, 1968 (Ga. Laws 1968, p. 2636), as amended by an Act approved February 20, 1970 (Ga. Laws 1970, p. 2076), and by an Act approved March 27, 1972 (Ga. Laws 1972, p. 3098), so as to change the provisions relative to filling vacancies on said Board of Education; to provide for a special election to fill a vacancy under certain circumstances; 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 providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County, approved March 21, 1968 (Ga. Laws 1968, p. 2636), as amended by an Act approved February 20, 1970 (Ga. Laws 1970, p. 2076), and by an Act approved March 27, 1972 (Ga. Laws 1972, p. 3098), is hereby amended by adding a new paragraph at the end of Section 2, to read as follows: "For the purpose of filling vacancies as provided by this Sec tion, the President of the Board shall not be a voting member there of, except to break a tie, and a majority of the remaining members may fill any such vacancy. Whenever a vacancy occurs on the Board, it shall be the duty of the President of the Board to present the question of filling such vacancy at the first regular meeting of the Board held after the occurrence of such vacancy, but any member of the Board, at any meeting thereof, shall be entitled to present the question of filling any vacancy that might exist in the membership of the Board and to make motions relative to filling any such vacancy. Any other provisions of this Section to the contrary not withstanding, if for any reason a vacancy is not filled, as hereinabove provided, within 60 days after the occurrence of said vacancy, and a general election will not be held within 180 days after the occurrence of said vacancy, then it shall be the duty of the Board of Elections of Chatham County, within 65 days after the occurrence of said vacancy, to issue the call for a special election for the pur pose of filling such vacancy. The provisions of this Section providing for the eligible electors to elect members of said Board of Education shall apply to special elections to fill vacancies as provided herein. Such special elections shall be held and conducted in accordance with the applicable provisions of Code Title 34, known as the 'Georgia Election Code', as now or hereafter amended." Section 2. In the event a vacancy exists on the Board of Public Education for the City of Savannah and Chatham County on the date the referendum election provided by Section 3 of this Act is held, and if such vacancy had existed for at least 90 days prior to such date, and if such vacancy continues to exist at the time of the issuance of the WEDNESDAY, FEBRUARY 6, 1974 1213 call for such referendum election, then, at such time, the Board of Elec tions of Chatham County shall also issue the call for a special election, to be held at the same time as said referendum election, for the purpose of filling such vacancy. At said special election, only those qualified voters residing within the Education District wherein the vacancy exists shall be eligible to vote, and said special election shall be held and conducted in accordance with the applicable provisions of Code Title 34, known as the "Georgia Election Code", as now or hereafter amended. Section 3. Not less than five nor more than ten days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Board of Elections of Chatham County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval of rejection. The Board of Elections shall set the date of such election for a day not less than 30 nor more than 40 days after the date of the issuance of the call. The Board of Elections shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act providing methods for filling vacancies ( ) NO on the Board of Public Education for the City of Savannah and Chatham County be approved?" All persons desiring to vote in favor of the Act shall vote "Yes", and those persons desiring to vote for rejection of the Act shall vote "No". If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Chatham County. It shall be the duty of the Board of Elections to hold and conduct such election. Said Board of Elections 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 said Board of Elections to canvass the returns and declare and certify the result of the election. It shall be the further duty of said Board of Elections to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Jones of the 109th moved that the House disagree to the Senate substi tute to HB 1477. The motion prevailed and the Senate substitute to HB 1477 was disagreed to. Mr. Atherton of the 19th asked unanimous consent that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on State Planning and Community Affairs for further study: 1214 JOURNAL OP THE HOUSE, HB 747. By Mr. Atherton of the 19th: A Bill to be entitled an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968 and creating the State Planning and Community Affairs Policy Board; and for other purposes. The consent was granted and HB 747 was recommitted. The Speaker announced the House in recess until 1:15 o'clock, P.M., this day. AFTERNOON SESSION The Speaker Pro Tempore called the House to order. 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 1284. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Chapter 27-9, relating to bail, so as to provide for release prior to trial of persons charged with certain offenses; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to amend Code Chapter 27-9, relating to bail, as amended, so as to provide for release prior to trial of persons charged with certain offenses; to provide for conditions of release; to provide for appeal from conditions of release; to provide for release in cases involving certain major crimes and after conviction; to provide penalties for failure to appear; to provide for the exercise of contempt powers; to provide for other matters relevant thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Code Chapter 27-9, relating to bail, as amended, is hereby amended by striking Code Section 27-901 which reads as follows: WEDNESDAY, FEBRUARY 6, 1974 1215 "27-901 Before whom offenses are bailable. When person charged with misdemeanor may be bailed. The offenses of rape, armed robbery, aircraft hijacking, trea son, murder, and perjury, and offenses of giving, selling, offering for sale, bartering, or exchanging of any narcotic drug are bailable only before a judge of the superior court; and this is, in every case, a matter of sound discretion. All other offenses are bailable by the commitment court. At no time, either before the commitment court, when indicted, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail.", in its entirety and inserting in lieu thereof a new Code Section 27-901 to read as follows: "27-901 Release prior to trial in cases involving offenses other than major felonies. (a) Any person charged with an offense, other than the offense of rape, armed robbery, aircraft hijacking, treason, murder, perjury, or giving, selling, offering for sale, bartering, or exchanging of any narcotic drug, shall, at his appearance before the commitment court or court which has jurisdiction over the offense, be ordered released pending trial on his personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the court, unless the court determines, in the exercise of its discretion, that such a release will not reasonably assure the appearance of the person as required. When such a determination is made, the court shall, either in lieu of or in addition to the above methods of release, impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or, if no single condition gives that assurance, any combination of the following conditions: (1) place the person in the custody of a designated person or organization agreeing to supervise him; (2) place restrictions on the travel, association, or place of abode of the person during the period of release; (3) require the execution of an appearance bond in a specified amount and the deposit with the county in which jurisdiction over the offense rests, in cash or other security as directed, of a sum not to exceed 10 per centum of the amount of the bond, 90 per centum of such deposit to be returned upon the performance of the conditions-of release and 10 per centum of such deposit to be retained by the county to defray administrative costs of the bonding procedure; (4) require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu thereof; or (5) impose any other condition deemed reasonably necessary 1216 JOURNAL OF THE HOUSE, to assure appearance as required, including a condition requiring that the person return to custody after specified hours. (b) In determining which conditions of release will reasonably assure appearance, the court shall, on the basis of available informa tion, take into account the nature and circumstances of the offense charged, the weight of the evidence against the accused, the ac cused's family ties, employment, financial resources, character and mental condition, the length of his residence in the community, his record of convictions, and his record of appearance at court pro ceedings or of flight to avoid prosecution or failure to appear at court proceedings. (c) A court authorizing the release of a person under this Section shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform such person of the penalties applicable to violations of the conditions of his release and shall advise him that a warrant for his arrest will be issued immediately upon any such violation. (d) A person for whom conditions of release are imposed and who after twenty-four hours from the time of the release hearing continues to be detained as a result of his inability to meet the conditions of release, shall, upon application, be entitled to have the conditions reviewed by the court which imposed them. Unless the conditions of release are amended and the person is thereupon released, the court shall set forth in' writing the reasons for requir ing the conditions imposed. A person who is ordered released on a condition which requires that he return to custody after specified hours shall, upon application, be entitled to a review by, the court which imposed the condition. Unless the requirement is removed and the person is thereupon released on another condition, the court shall set forth in writing the reasons for continuing the require ment. In the event that the court which imposed conditions of release is not available, any other court having jurisdiction over the offense in the county may review such conditions. (e) A court ordering the release of a person on any condition specified in this Section may at any time amend its order to im pose additional or different conditions of release: Provided, that, if the imposition of such additional or different conditions results in the detention of the person as a result of his inability to meet such conditions or in the release of the person on a condition requiring him to return to custody after specified hours, the pro visions of subsection (d) shall apply. (f) Information stated in, or offered in connection with, any order entered pursuant to this Section need not conform to the rules pertaining to the admissibility of evidence in a court of law. (g) The provisions of this Section to the contrary notwith standing and unless conditions of release are otherwise determined by an appropriate court, in the case of a person charged with the offense of a misdemeanor, the sheriff may determine the conditions WEDNESDAY, FEBRUARY 6, 1974 1217 of release of the person so charged in the same manner as provided herein for such a determination by the court. (h) Nothing contained in this Section shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court." Section 2. Said Code Chapter is further amended by striking Code Section 27-902, which reads as follows: "27-902 Amount of bail in misdemeanor cases; acceptance by sheriffs and constables. The sheriffs and constables shall accept bail in such reasonable amount as may be just and fair for any person or persons charged with the offense of a misdemeanor, provided that the sureties tendered and offered on said bond are approved by a sheriff of any county. Any sheriff or constable shall be allowed to accept in lieu of bail a cognizance bond executed and signed by the command ing officer, or his lawfully delegated subordinates, of any military personnel, charged with misdemeanors and whose bonds have been fixed at not more than $400 plus costs. Such a person charged with a misdemeanor and whose bond has been fixed at not more than $400 plus costs may be accepted on behalf of the military installation by his commanding officer or by persons designated by the com manding officer of said military installation under the following terms and conditions: (a) Immediately following his release he will be returned by the military police or other designated authority directly to the military installation and delivered to the duty officer of the com mand to which he is attached. (b) He then will be restrained as appropriate in each case. The restraint will be for a minimum of 12 hours in all cases involv ing consumption of alcoholic beverages. He, normally, will be restricted to the limits of the military installation until such time as the charges are dismissed or his case has been adjudicated. (c) He will not be transferred, granted leave, or discharged from the military service without 36 hours notice to the sheriff or his deputy sheriff. (d) He will be delivered to the sheriff or his deputy on de mand. (e) These terms or conditions will be withdrawn only upon his posting the required bond or otherwise being released by the sheriff, his deputy, or the appropriate court. The cognizance bond shall be of the following type: 1218 JOURNAL OF THE HOUSE, In consideration of the release of -----------,,...--..,,___.__..._..___...____. charged with .___-_.----,,______._.._..__...........................___ it is agreed that aforementioned prisoner will be restrained at the ____________________________ (appropriate military installation) _______________________________ in whatever degree considered to be appropriate by his commanding officer. This restraint will be for a minimum of 12 hours in all cases involving consumption of alcoholic beverages. It is further agreed that he will not be transferred, granted leave or discharged from the _-,,--_--_-_,,-__.--_----,,---- (appropriate service) ____________,,,,,,_____ without notice to the sheriff or his chief deputy, and will be de livered to the sheriff or his deputy upon demand. These terms and conditions will be withdrawn only upon his posting of the required personal bond or upon the release by the sheriff, his deputy or the appropriate court. Signed ____-_-_._____-__,,___-___-___________.______________ Official title .__.___.________._______.__.__________..," in its entirety and substituting in lieu thereof a new Code Section 27-902, to read as follows: "27-902 Appeal from conditions of release (a) A person who is detained, or whose release on a condition requiring him to return to custody after specified hours is con tinued, after review of his application pursuant to Code Section 27-901 (d) or (e) by a court, other than the court having original jurisdiction over the offense with which he is charged, may move the court having original jurisdiction over the offense with which he is charged to amend the order. Said motion shall be determined promptly. (b) In any case in which a person is detained after a court denies a motion under subsection (a) to amend an order imposing conditions of release, or conditions of release have been imposed or amended by the court having original jurisdiction over the offense charged, an appeal may be taken to the court having appellate jurisdiction over such court. Any order so appealed shall be affirmed if it is supported by the proceedings below. If the order is not so supported, the court may remand the case for a further hearing, or may, with or without additional evidence, order the person released pursuant to Code Section 27-901 (a). The appeal shall be determined promptly." Section 3. Said Code Chapter is further amended by striking Code Section 27-903, which reads as follows: "27-903 Number of times bail may be permitted for same offense. Each person who is entitled to bail under this Chapter shall be permitted one bail for the same offense as a matter of right. Subsequent bails shall be at the discretion of the court.", WEDNESDAY, FEBRUARY 6, 1974 1219 in its entirety and substituting in lieu thereof a new Code Section 27-903, to read as follows: "27-903 Release in certain major felony cases or after convic tion. A person who is charged with the offense of rape, armed rob bery, aircraft hijacking, treason, murder, perjury; a giving, selling, offering for sale, bartering or exchanging of any narcotic drug; or who has been convicted of an offsense and is either awaiting sen tence or sentence review or has filed an appeal or a petition for a writ of certiorari, shall be treated in accordance with the provisions of Code Section 27-901 unless the court has reason to believe that no one or more conditions of release will reasonably assure that the person will not flee or pose a danger to any other person or to the community. If such a risk of flight or danger is believed to exist, or if it appears that an appeal is frivolous or taken for delay, the person may be ordered detained. The provisions of Code Section 27-902 shall not apply to persons described in this Section: Pro vided, that other rights to judicial review of conditions of release or orders of detention shall not be affected." Section 4. Said Code Chapter is further amended by adding there to a new Code Section, to be known as Code Section 27-903.1, to read as follows: "27-903.1 Penalties for failure to appear. Whoever, having been released pursuant to this Chapter, will fully fails to appear before any court or judicial officer as required, shall, subject to the provisions of Title 27, relating to criminal pro cedure, incur a forfeiture of any security which was given or pledged for his release, and, in addition, shall, if he was released in connection with a charge of felony, or while awaiting sentence or pending appeal or certiorari after conviction of any offense, be fined not more than $5,000 or imprisoned not more than five years, or both, or if he was released in connection with a charge of misde meanor, be fined not more than the maximum provided for such misdemeanor or imprisoned for not more than one year, or both, or if he was released for appearance as a material witness shall be fined not more than $1,000 or imprisoned for not more than one year, or both." Section 5. Said Code Chapter is further amended by adding thereto a new Code Section, to be known as Code Section 27-903.2, to read as follows: "27-903.2 Contempt. Nothing in this Chapter shall interfere with or prevent the exercise by any court of this State of its power to punish for con tempt." 1220 JOURNAL OF THE HOUSE, Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: Mr. Russell of the 53rd moves to amend HB 1284 (Committee sub stitute) by adding after the word "drug" on line 7, page 2: "or other substance regulated under Georgia Code Title 79". 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. Bohannon Bond Burton Carlisle Collins, S. Dean, Gib Dean, N. Dixon Egan Elliott Ellis Farrar Geisinger Greer Harris, J. R. Hawes Horton, W. L. Irvin, R. Jordan Lambert Those voting in the negative were Messrs.: Adams, J. H. Adams, John Adams, M. Alien Atherton Bennett Berry Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Busbee Carr Carrell Castleberry Clark Cole Coleman Collins, M. Coney Dickey Dorminy Duke Evans Foster Larsen, G. K. Marcus Mason McDonald Noble Ritchie Rogers Russell, W. B. Sams Sweat Grantham Harden Harrison Hatcher Hays Hill, G. Howard Howell Hudson Hutchinson Irvin, J. Jessup Karrh WEDNESDAY, FEBRUARY 6, 1974 1221 Kreeger Lewis Lowrey Matthews, D. R. Mauldin McKinney Miles Milford Morgan Moyer Nessmith Nix Northcutt Patterson Pearce Peters Petro Rainey Reaves Rush Shanahan Smith, V. B. Stephens Thomason Thompson Toles Turner Twiggs Walker Wall Wamble Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs. : Alexander, W. H. Alexander, W. M. Bailey Beckham Berlin Blackshear Bo stick Brantley, H. H. Brown, B. D. Burruss Chance Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dollar Edwards Ezzard Floyd, J. H. Floyd, L. R. Fraser Gignilliat Grahl Groover >, Hamilton Harrington Harris, J. F. Hill, B. L. Horton, G. T. Irwin Johnson Jones Keyton King Knight Lane, Dick Lane, W. J. Larsen, W. W. Lee Levitas Logan Matthews, C. McCracken McDaniell Mulherin Mullinax Odom Oxford Patten, G. C. Patten, R. L. Phillips, G. S. Phillips, L. L. Pinkston Roach Ross Russell, J. Savage Shepherd Smith, J. R. Snow Strickland Townsend Triplett Tucker Vaughn Waddle Ware Wheeler, B. Willis Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 31, nays 76. The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost. Mr. Harris of the 51st served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 1284. 1222 JOURNAL OF THE HOUSE, Messrs. Ware, Mullinax and Knight of the 65th, Oxford of the 101st, Connell of the 80th and Odom of the 114th stated that they had been called from the floor of the House when the roll call was ordered on the passage of HB 1284, by substitute, as amended. Had they been present they would have each voted "nay". HB 1261. By Mr. Busbee of the 114th: A Bill to be entitled an Act to provide procedures for public disclosure of contributions and expenditures made in connection with campaigns for the offices of Governor and Lieutenant Governor; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to provide procedures for public disclosure of contributions and expenditures made in connection with campaigns for certain State offices; to provide a short title; to provide for a declara tion of policy; to provide for definitions of terms; to provide that cam paign contributions to candidates for certain offices may be made only to the candidate or to a campaign committee; to provide certain re quirements for a campaign committee; to provide for the duties of a candidate for certain offices with respect to contributions personally accepted and to provide for the duty of the treasurer of a campaign committee supporting such candidates; to provide for the filing of campaign disclosure reports by certain candidates and by officers of certain campaign committees; to provide for the investigation by the Attorney General of any apparent violations of this Act; to provide for the promulgation of rules and regulations; to provide for penalties for violations of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Short Title. This Act shall be known as and may be cited as the "Campaign Financing Disclosure Act". Section 2. Policy and Intent Declared. It is hereby declared to be the policy of the State of Georgia in furtherance of its responsibility to protect the integrity of the democratic process and to insure fair elec tions for the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller General, Commissioner of Agriculture, State School Superintendent, Commissioner of Labor and Public Service Commission to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices. Section 3. Definitions. Unless clearly indicated otherwise by the context, the following words, when used in this Act for the purposes WEDNESDAY, FEBRUARY 6, 1974 1223 of this Act, shall have the meanings respectively ascribed to them in this Section: (a) "Election" means a primary election, runoff election, special election or general election for the offices provided for in Section 2. (b) "Candidate" means an individual who seeks nomination for election or election to any office provided for in Section 2, whether or not such an individual is elected, and a person shall be deemed to seek nomination or election if he has taken necessary action under the law of the State of Georgia to officially qualify himself for nomination for election or election, or has received contributions or made expenditures, or has given his consent for any campaign committee to receive contri butions or make expenditures with a view to bringing about his nomina tion for election or election to such office. (c) "Contribution" means a gift, subscription, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred to a candidate or campaign committee for the purpose of influencing the nomination for election or election of any person for the offices provided for in Section 2. (d) "Expenditure" means a purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person for the offices provided for in Section 2. (e) "Person" means an individual, partnership, committee, associa tion, corporation, labor organization, or any other organization or group of persons. (f) "Political Committee" means any committee, association, or organization which accepts contributions or makes expenditures designed to bring about the election of an individual to the offices provided for in Section 2. (g) "Campaign Financing Disclosure Report" means a written report filed with the Secretary of State by a candidate or the Chairman or Treasurer of a campaign committee setting forth all contributions and expenditures of $100.00 or more including lesser amounts when the aggregate contribution or expenditure by or to a person is $100.00 or more in the aggregate for the calendar year in which the report is filed. Section 4. Contributions Made Only To Candidate Or Campaign Committee. No contributions to bring about the nomination or election of a candidate for any office provided for in Section 2 shall be made except directly to a candidate or to a campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate, which campaign committee shall have a Chair man and a Treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of Chairman or Treasurer thereof. 1224 JOURNAL OF THE HOUSE, Section 5. Record of Contributions and Expenditures. It shall be the duty of the Chairman or Treasurer of any campaign committee which accepts contributions or makes expenditures on behalf of a candidate for the offices provided for in Section 2 to keep a detailed and exact account of: (1) All contributions made to the campaign committee. (2) The name and mailing address of every person making any contribution. (3) All expenditures made by the candidate or the campaign com mittee of $100.00 or more in amount and for any such expenditure of a lesser amount if the aggregate amount of such expenditure to the same person during a calendar year exceeds $100.00. (4) The name and mailing address of every person to whom any expenditure is made and the amount thereof. Section 6. Campaign Financing Disclosure Reports To Be Filed. The Chairman or Treasurer of every campaign committee organized to bring about the nomination of a candidate for any office provided for in Section 2 shall file with the Secretary of State "Campaign Financing Disclosure Reports" listing the following: (a) The amount, name and mailing address of any person contribut ing $100.00 or more in the aggregate during the twelve months preced ing the date on which the report is filed including the purchase of tickets for events such as dinners, luncheons, rallies and similar fund raising events within said period in the aggregate amount of $100.00 or more. (b) The name and mailing address of any person to whom an expenditure of $100.00 or more is made and the amount of such ex penditure, and the name and address of any person to whom a lesser amount is paid and such amount, if the aggregate amount of such expenditure to the same person during the 12-months period preceding the date on which the report is filed, is $100.00 or more. Such campaign financing disclosure reports shall be filed 45 days and 15 days before the primary election, and 10 days after the primary election. Candidates in a general election campaign shall make such reports 15 days prior to the general election campaign and all candidates including primary and general election campaign candidates shall make a final campaign disclosure report no later than December 31 of the year in which the election occurs. A report or statement required to be filed by this Section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. After the initial report is filed hereunder, it shall not be necessary in subsequent reports to list contributions and ex penditures which were listed in previous reports. Section 7. Candidate To File When Funds Received And Ex- WEDNESDAY, FEBRUARY 6, 1974 1225 penditures Made Personally. In the event a candidate for any office provided for in Section 2 receives any contributions or makes any expenditures in a personal capacity rather than directing such contribu tions and expenditures to and by a campaign committee, then such candidate must keep the records described in Section 5 of this Act and file the reports described in Section 6 of this Act. Section 8. Reports Available For Public Inspection. It shall be the duty of the Secretary of State to make the campaign financing dis closure reports filed with him available for public inspection and copy ing during regular office hours commencing as soon as practicable after such filing. The Secretary of State shall preserve such reports for a period of five (5) years from the date upon which they are received. The Secretary of State may promulgate rules and regulations to carry out the provisions of this Act. Section 9. Attorney General To Investigate And Enforce. The Attorney General shall have the authority to investigate any apparent violation of this Act and may institute proper legal proceedings to enforce the provisions hereof. Section 10. Penalties. Any person who violates any of the pro visions of this Act shall be subject to fine of not more than $5,000.00 or imprisonment of not more than one (1) year or both. Section 11. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. An amendment, offered by Mr. Savage of the 30th, was read and lost. An amendment, offered by Mr. King of the 85th, was read and lost. The following amendment was read: Mr. Jordan of the 58th moves to amend HB 1261 (Committee substi tute) by adding on line 5, page 2, after the word "commission," the following language: "member Georgia House of Representatives, Geor gia Senate". On the adoption of the amendment, the roll call was ordered and the vote was as follows: 1226 JOURNAL OP THE HOUSE, Those voting in the affirmative were Messrs. Adams, G. D. Adams, John Adams, M. Alexander, W. M. Alien Atherton Bailey Beckham Berry Blackshear Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carr Carrell Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Duke Egan Elliott Ellis Evans Ezzard Parrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Greer Groover Hamilton Harden Harris, J. F. Harris, J. R. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, W. L. Howard Howell Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason McCracken McDaniell McDonald Miles Moyer Mulherin Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patterson Petro Phillips, L. L. Reaves Ritchie Roach Ross Rush Sams Savage Shanahan Smith, V. B. Snow Stephens Sweat Thomason Toles Townsend Tucker Vaughn Waddle Walker Wall Wamble Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood Those voting in the negative were Messrs.: Adams, J. H. Alexander, W. H. Bennett Berlin Carlisle Castleberry Chance Dent Dixon Dorminy Edwards Grantham Harrington Harrison Horton, G. T. Hudson King Lambert WEDNESDAY, FEBRUARY 6, 1974 1227 Matthews, D. R. Mauldin McKinney Morgan Odom Rogers Russell, J. Smith, J. R. Thompson Wilson, M. L, Those not voting were Messrs.: Bohannon Brantley, H. L. Colwell Dollar Keyton Matthews, C. Milford Mullinax Patten, R. L. Pearce Peters Phillips, G. S. Pinkston Rainey Russell, W. B. Shepherd Strickland Triplett Turner Twiggs Ware Willis Mr. Speaker On the adoption of the amendment, the ayes were 129, nays 28. The amendment was adopted. Mr. King of the 85th requested the Journal record his reason for voting "nay" on the Jordan Amendment to HB 1261, the said amendment being for the purpose of bringing the Legislators under the provision of the Bill. Mr. King stated that he had been informed that another Bill was being introduced with the same pro visions as the Jordan amendment and he felt this was the proper method to take care of the matter; otherwise, he would have supported the Jordan amendment. An amendment, offered by Mr. Egan of the 25th, was read and withdrawn by unanimous consent. The following amendment was read and adopted: Mr. Egan of the 25th moves to amend HB 1261 (Committee substi tute) by striking from lines 29 and 30 of page 2 the words "to a candi date or campaign committee". The following amendment was read and adopted: Mr. Egan of the 25th moves to amend HB 1261 (Committee substi tute) by striking lines 8 through 11 on page 3 and substituting therefor the following: (f) "Campaign Committee" means a committee which accepts contributions or makes expenditures designed to bring about the election of an individual to any office provided for in Section 2. 1228 JOURNAL OF THE HOUSE, The following amendment was read: Mr. Egan of the 25th moves to amend HB 1261 (Committee Substi tute) by striking Section 4 and substituting the following: Section 4. Contributions Made Only To Campaign Committee. Each candidate shall have but one campaign committee. Before accepting any contributions the candidate shall file the name of his campaign committee and the name and address of the Chairman and Treasurer of such committee with the Secretary of State. No contributions to bring about the nomination or election of a candidate for any office provided for in Section 2 shall be made except to the campaign com mittee which is organized for the purpose of bringing about the nomination or election of such candidate and which committee has been designated by the candidate as heretofore provided. No contribu tions shall be accepted by or on behalf of a campaign committee at a time when there is a vacancy in the office of Chairman or Treasurer. The candidate may be Chairman or Treasurer of such committee and the committee need not consist of more than two individuals. On the adoption of the amendment, the roll call was offered and the vote was as follows: Those voting in the affirmative were Messrs.: Beckham Bray Collins, S. Coney Davis, E. T. Davis, W. Dickey Dixon Duke Egan Elliott Ellis Ezzard Floyd, L. R. Geisinger Harris, J. R. Horton, W. L. Irvin, R. Irwin King Kreeger Lane, W. J. Larsen, G. K. Levitas Lewis Marcus Nix Noble Petro Ross Russell, W. B. Sams Savage Smith, V. B. Sweat Townsend Wall Wilson, J. M. Those voting in the negative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, M. Alexander, W. H. Alien Bailey Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Connell Daugherty Dean, Gib Dean, N. Dent Dorminy Edwards Evans Farrar Floyd, J. H. Foster Fraser Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Howard Howell Hudson WEDNESDAY, FEBRUARY 6, 1974 Hutchinson Irvin, J. Jessup Johnson Jones Karrh Knight Lambert Lane, Dick Lee Logan Lowrey Mason Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moy^r Mulherin Mullinax Nessmith Northcutt Odom Oxford Patten, G. C. Patterson Peters Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Rush Russell, J. Shanahan Smith, J. R. Snow Stephens Strickland Thomason Thompson Toles Triplett Tucker Vaughn Waddle Walker Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson, M. L. Wood 1229 Those not voting were Messrs.: Alexander, W. M. Atherton Brantley, H. H. Burton Colwell Dean, J. E. Dollar Horton, G. T. Jordan Keyton Larsen, W. W. Matthews, C. McDonald Patten, R. L. Pearce Phillips, G. S. Pinkston Shepherd Turner Twiggs Willis Mr. Speaker On the adoption of the amendment, the ayes were 38, nays 120. The amendment was lost. An amendment, offered by Mr. Egan of the 25th, was read and withdrawn by unanimous consent. 1230 JOURNAL OF THE HOUSE, The following amendment was read: Mr. Egan of the 25th moves to amend HB 1261 (Committee substi tute) by striking Section 7 and substituting therefor the following: Section 7. Candidate To Direct Contributions To And Expenditures By Campaign Committee. A candidate shall not receive any contributions or make any expenditures in a personal capacity but only as an agent for his campaign committee and all contributions received by a candi date and expenditures made by him shall be included in the reports required by Section 6 and in the records required to be kept in Section 5. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Alexander, W. M. Beckham Blackshear Bond Brown, B. D. Burton Carrell Collins, S. Coney Davis, E. T. Davis, W. Dickey Dixon Egan Elliott Ellis Ezzard Floyd, L. R. Geisinger Harris, J. R. Hawes Hill, B. L. Horton, W. L. Irvin, R. Jordan Lane, Dick Larsen, G. K. Larsen, W. W. Le vitas Lewis Logan Marcus Matthews, D. R. McDonald Mulherin Nix Those voting in the negative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Bailey Bennett Berlin Berry Bohannon Bostick Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Noble Petro Ross Russell, J. Russell, W. B. Sams Savage Shanahan Smith, V. B. Stephens Sweat Townsend Vaughn Waddle Wall Wamble Wilson, J. M. Collins, M. Connell Daugherty Dean, Gib Dean, N. Dent Dorminy Edwards Evans Farrar Floyd, J. H. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harrison Hatcher Hays Hill, G. Howard Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones Karrh WEDNESDAY, FEBRUARY 6, 1974 1231 Knight Kreeger Lambert Lee Lowrey Mason Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mullinax Nessmith Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, L. L. Rainey Reaves Ritchie Roach Rush Smith, J. R. Snow Strickland Thomason Thompson Toles Triplett Tucker Walker Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, M. L. Wood Those not voting were Messrs.: Atherton Brantley, H. H. Colwell Dean, J. E. Dollar Duke Hamilton Horton, G. T. Keyton King Lane, W. J. Matthews, C. McCracken Pearce Phillips, G. S. Pinkston Rogers Shepherd Turner Twiggs Willis Mr. Speaker On the adoption of the amendment, the ayes were 53, nays 105. The amendment was lost. Mr. Matthews of the 122nd stated that he had inadvertently voted "aye" on the adoption of the amendment and had intended to vote "nay". The following amendment was read and adopted: Mr. Egan of the 25th moves to amend HB 1261 (Committee sub stitute) by adding at the end of Section 9 the following: "including the power to subpoena the records required to be kept under Section 5." 1232 JOURNAL OP THE HOUSE, An amendment, offered by Mr. Egan of the 25th was read and withdrawn by unanimous consent. The following amendment was read and adopted: Mr. Phillips of the 103rd moves to amend HB 1261 by removing on page 3, lines 16 and 18, $100.00" and inserting "$101.00" The following amendment was read: Mr. Atherton of the 19th moves to amend HB 1261 as follows: By adding after the semicolon following the word "committee" on line 7 of page 1, the following: "to provide limits on campaign expenditures; to establish maximum contribution limits; to provide for the removal of names from ballots and denial of certificate of election in certain cases". By striking in Section 3(f) on line 8 of page 3, the following: "Political", and substituting in lieu thereof, the following: "Campaign". By adding after Section 4 ending on line 30 of page 3, three new Sections to be designated Sections 5, 6 and 7, to read as follows: "Section 5. Limitations on Campaign Expenditures, (a) It shall be unlawful for any person to expend any money or incur any obligation for expenses in connection with a candidate's elec tion campaign if such expenditure or obligation would cause the aggregate amount of money expended and obligated in the candi date's election campaign to exceed an amount equal to the product of ten cents multiplied by the population, according to the most recent United States Decennial Census of Population, of the area from which the candidate seeks election. (b) Statewide political campaigns shall be subject to and bound by subsection (d) of Section 315 of the Communications Act of 1934 (47 U.S.C. Section 315(d)). The total amount of ex penditures for the use of broadcasting stations on behalf of the candidacy of each qualified candidate in such campaigns shall not exceed the lesser of: (1) the limitation provided in subsection (a) of this Code Section; or WEDNESDAY, FEBRUARY 6, 1974 1233 (2) the amount which would be determined for such election under Section 104(a) (1) (B) or 104(a) (2) (B) (whichever is ap plicable) of the Campaign Communications Reform Act 86 Stat. 3 (1971) had such election been an election for a federal elective office or nomination thereto. (c) No newspaper, periodical or other supplier of printed materials or services shall require a candidate or political com mittee to pay more than the customary and normal charge required of persons or entities other than a candidate or political committee with respect to comparable materials and services. (d) In the event any contribution is made to a candidate or political committee to be used in a candidate's election campaign and such contribution, or any portion thereof, is in excess of the amount permitted to be expended by subsection (a), the amount of such excess contribution shall be returned immediately to the contributor. The cost of returning such contribution may be de ducted from the amount returned. Section 6. Maximum Contributions. It shall be unlawful for any person directly or indirectly to contribute to a candidate's election campaign, including contributions to a political committee, money, material, supplies, or services, or by way of loan, an ag gregate amount in excess of $1,000. Section 7. Removal of Name From Ballot and Denial of Certifi cate of Election, (a) The name of a candidate shall not be printed on the official ballot for an election if the Chairman or Treasurer of each campaign committee of the candidate or the candidate fails to file any campaign financing disclosure report or any other state ment required under this Act. (b) No certificate of election shall be granted to any candidate until the Chairman or Treasurer of each campaign committee of the candidate and the candidate have filed the campaign financing disclosure report or any other statement required under this Act. (c) A vacancy in office created pursuant to subsection (b) shall be filled in the manner provided by law, but a candidate denied a certificate of election pursuant to subsection (b) shall not be eligible for the vacancy." By renumbering Sections 5, 6, 7, 8, 9, 10, 11 and 12 as Sections 8, 9, 10, 11, 12, 13, 14 and 15, respectively. The following amendment to the Atherton amendment was read: Mr. Atherton of the 19th moves to amend the Atherton amendment to HB 1261 (Committee substitute) as follows: In section 5, page 1 between "campaign" and "if", insert "under this Act". 1234 JOURNAL OF THE HOUSE, On the adoption of the amendment to the Atherton amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Atherton Beckham Bohannon Bond Brantley, H. H. Burruss Cole Coney Davis, E. T. Dixon Duke Egan Elliott Ellis Ezzard Geisinger Groover Hawes Horton, W. L. Howard Irvin, R. Knight Kreeger Lane, W. J. Larsen, G. K. Marcus McCracken McDaniell Nix Noble Patterson Petro Sams Savage Smith, V. B. Townsend Walker Wamble 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 Bailey Bennett Berlin Berry Bostick Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Coleman Collins, M. Collins, S. Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dorminy Edwards Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, G. Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones Jordan Karrh King Lambert Lane, Dick Larsen, W. W. Lee Levitas Lewis Logan Lowrey Mason Matthews, D. R. Mauldin McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Northcutt Odom Oxford Patten, G. C. Patten, R. L. Peters Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Shanahan Smith, J. R. Snow WEDNESDAY, FEBRUARY 6, 1974 1235 Stephens Strickland Thompson Toles Triplett Tucker Vaughn Waddle Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, M. L. Wood Those not voting were Messrs.: Blackshear Brown, B. D. Clark Colwell Dollar Hamilton Hill, B. L. Horton, G. T. Keyton Matthews, C. McKinney Pearce Phillips, G. S. Pinkston Shepherd Sweat Thomason Turner Twiggs Willis Mr. Speaker On the adoption of the amendment to the Atherton amendment, the ayes were 39, nays 120. The amendment was lost. On the adoption of the original Atherton amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Atherton Beckham Bohannon Bond Brown, B. D. Burruss Clark Coney Davis, E. T. Dixon Duke Egan Ellis Ezzard Geisinger Hill, B. L. Howard Irvin, R. Knight Kreeger Larsen, G. K. Logan Marcus McDaniell Miles Mulherin Nix Noble Patterson Petro Sams Savage Smith, V. B. Sweat 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 .Bailey Bennett 1236 Berlin Berry Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Coleman Collins, M. Collins, S. Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Edwards Elliott Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer JOURNAL OP THE HOUSE, Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irwin, J. R. Jessup Johnson Jones Jordan Karrh King Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee Levitas Lewis Lowrey Mason Matthews, D. R. Mauldin McDonald Milford Morgan Moyer Mullinax Nessmith Northcutt Odom Oxford Patten, G. C. Patten, R. L. Peters Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Shanahan Smith, J. R. Snow Stephens Strickland Thompson Toles Triplett Tucker Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, M. L. Wood Those not voting were Messrs.: Blackshear Cole Colwell Dickey Dollar Groover Hays Horton, G. T. Keyton Matthews, C. McCracken McKinney Pearce Phillips, G. S. Pinkston Shepherd Thomason Townsend Turner Twiggs Willis Mr. Speaker WEDNESDAY, FEBRUARY 6, 1974 1237 On the adoption of the amendment, the ayes were 35, nays 124. The amendment was lost. The following amendment was read and adopted: Mr. Phillips of the 103rd moves to amend HB 1261 (Committee, sub stitute) by deleting on page 4, line 23 and line 27 and line 30 and line 2 on page 5 the word "$100.00" and inserting in lieu thereof the word "$101.00". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. 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 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 Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher 1238 Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Karrh King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus JOURNAL OF THE HOUSE, Mason Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Towsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Dollar Keyton Matthews, C. Northcutt Pearce Phillips, G. S. Shepherd Strickland Turner Willis Mr. Speaker Mr. Matthews of the 122nd called attention to the fact that his voting machine was locked in the "nay" position and he wished to be recorded as voting "aye". The Speaker announced that Mr. Matthew's vote would be recorded as "aye". On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. WEDNESDAY, FEBRUARY 6, 1974 1239 By unanimous consent, HB 1261, by substitute, as amended, was ordered immediately transmitted to the Senate. Mr. Jordan of the 58th requested the Journal show that he was given an excused absence at 3:00 P.M., this day, in order to attend the funeral of his sister-in-law. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 484. By Senator Dean of the 6th: A Bill to amend an Act known as the "Georgia Scenic Trails Act", approved Mar. 8, 1972 (Ga. Laws 1972, p. 142), as amended, so as to provide for the construction and maintenance of bicycle lanes on public highways. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 117. By Senators London of the 50th and Kidd of the 25th: A Bill to amend an Act creating the office of District Attorney Emeritus and creating the District Attorneys Retirement Fund, as amended, so as to change the amount of the payment. The following Bill of the House was taken up for the purpose of con sidering the Senate amendment thereto: HB 1402. By Mr. Grahl of the 88th: A Bill to be entitled an Act to require all pecan processors and wholesalers in the State of Georgia to secure a license from the Depart ment of Agriculture; and for other purposes. 1240 JOURNAL OF THE HOUSE, The following Senate amendment was read: Senator Holloway of the 12th moves to amend HB 1402 by adding between the words "wholesale" and "within" on line 24 the following: ", other than those grown by him,". Mr. Grahl of the 88th moved that the House agree to the Senate amendment to HB 1402. 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 Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Elliott Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harrison Hatcher Hawes Hays Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Jones Karrh King Knight Kreeger Lane, Dick Lane, W. J. Lee Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, L. L. WEDNESDAY, FEBRUARY 6, 1974 1241 Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Vaughn Waddle Walker Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Beckham Bostick Colwell Egan Ellis Ezzard Gignilliat Harris, J. R. Hill, B. L. Hill, G. Horton, W. L. Howell Irwin Johnson Jordan Keyton Lambert Larsen, G. K. Larsen, W. W. Levitas Lewis Mason McCracken McKinney Pearce Phillips, G. S. Savage Townsend Twiggs Wall Willis Mr. Speaker On the motion, the ayes were 148, nays 0. The motion prevailed and the Senate amendment to HB 1402 was agreed to. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has agreed to the House amendments No. 2 and 3 and disagreed to amendment No. 1 to the following Bill of the Senate, to-wit: SB 448. By Senators Reynolds of the 48th, and Holloway of the 12th: A Bill to amend the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec., p. 556), as amended, so as to provide that the maximum speed limit upon any street or highway in this State shall not exceed 55 miles per hour; to provide an effective date. 1242 JOURNAL OP THE HOUSE, The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 480. By Senators Gillis of the 20th, McGill of the 24th, Zipperer of the 3rd, and Kennedy of the 4th: A Bill to create the Board of Admissions of the College of Veterinary Medicine; to provide for definitions; to provide for the membership of said Board; to provide for the powers and duties of said Board; to provide for funding. The Senate insists on its Substitute to the following Bill of the of the House, to-wit: HB 1477. By Mr. Jones of the 109th and others: A Bill to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County, so as to change the provisions relative to filling vacancies on said Board of Education. The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 499. By Senator Sutton of the 9th: A Bill to prohibit the reorganization or consolidation of public schools without approval at a referendum election; to require approval by a majority of the votes cast in each school attendance area affected; to prohibit the reorganization or consolidation of a public school if such reorganization or consolidation would cause any pupil to spend more than a certain number of hours in school including the time spent traveling to and from school. The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit: SR 285. By Senator London of the 50th: A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall provide by law for the regula tion and disclosure of efforts to influence the executive and legislative branches of State government; to provide for the submission of this amendment for ratification or rejection. WEDNESDAY, FEBRUARY 6, 1974 1243 The Senate has passed by Substitute by the requisite constitutional majority the following Bill of the House, to-wit: HB 368. By Mr. Farrar of the 52nd: A Bill to provide evaluation and tenure for classroom teachers and all other professional personnel of local school systems except the superintendent. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 451. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act providing for sick leave for teachers in the public schools in this State, so as to allow additional accumulative sick leave; to place a limitation upon the amount which may be paid to substitute teachers; and for other purposes. Referred to the Committee on Education. SB 558. By Senator Starr of the 44th: A Bill to be entitled an Act to amend an Act known as the "Georgia Proprietary School Act", so as to change the provisions relative to a certain exemption; to delete certain provisions relative to the registra tion of representatives and the issuance of permits in connection therewith; and for other purposes. Referred to the Committee on Education. SB 562. By Senators Lester of the 23rd and Doss of the 52nd: A Bill to be entitled an Act to amend Code Section 88-504.2, relating to admission of a mentally ill person to an emergency receiving facility, so as to provide for examinations; to provide for orders; to provide for records and reports; to provide for delivery of certain persons to emergency receiving facilities; and for other purposes. Referred to the Committee on Health and Ecology. SB 563. By Senators Lester of the 23rd and Doss of the 52nd: A Bill to be entitled an Act to amend Code Section 88-404.7, relating to admission of certain persons to emergency receiving facilities, so as to provide for custody and examination of persons appearing to be an alcoholic or drug dependent individual; and for other purposes. Referred to the Committee on Health and Ecology. 1244 JOURNAL OF THE HOUSE, SB 569. By Senator Herndon of the 10th: A Bill to be entitled an Act to amend an Act known as the "Children and Youth Act", so as to change the penalty provisions relating to certain youthful offenders; to provide penalty provisions for the crime of attempted rape with respect to certain youthful offenders; and for other purposes. Referred to the Committee on Human Relations. SB 570. By Senator Herndon of the 10th: A Bill to be entitled an Act to amend Code Chapter 30-2, relating to alimony, so as to provide for attorneys' fees in certain actions for enforcement or modification of judgments relating to divorce, alimony, support or custody of minor children; and for other purposes. Referred to the Committee on Judiciary. SB 574. By Senators McGill of the 24th, Gillis of the 20th, Cox of the 21st and others: A Bill to be entitled an Act to authorize and empower the Georgia State Scholarship Commission to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to pursue a program of study in veterinary medicine; and for other purposes. Referred to the Committee on University System of Georgia. SB 576. By Senator Webb of the llth: A Bill to be entitled an Act to amend an Act creating the State Court of Miller County (formerly the City Court of Miller County), so as to change the salary of the judge of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- Local Legislation. SB 579. By Senator Thompson of the 32nd: A Bill to be entitled an Act to amend Code Section 32-942, relating to the keeping of School funds separate from other funds, so as to provide that said funds may be used for certain extracurricular athletic and interscholastic activities; and for other purposes. Referred to the Committee on Education. SB 582. By Senators Wasden of the 2nd, Zipperer of the 3rd and Riley of the 1st: A Bill to be entitled an Act to amend an Act providing for a board WEDNESDAY, FEBRUARY 6, 1974 1245 of elections in certain counties, so as to change the jurisdiction of the board of elections; to change the qualifications of members of the board of elections; and for other purposes. Referred to the Committee on State of Republic. SB 584. By Senator McGill of the 24th: A Bill to be entitled an Act to provide for the appointment of the County School Superintendent of Wilkes County by the Board of Education of Wilkes County; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- Local Legislation. SB 585. By Senator McGill of the 24th: A Bill to be entitled an Act to amend an Act creating the Oglethorpe Development Authority, so as to change the composition of such Au thority; and for other purposes. Referred to the Committee on State Planning & Community Affairs -- Local Legislation. SB 587. By Senator Carter of the 14th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that the rank and pay of the Com manding Officer of the Uniform Division of the Department of Public Safety shall be established by the Board of Public Safety; and for other purposes. Referred to the Committee on Rules. SB 592. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act known as the "Georgia Barber Act", so as to change the requirements for the issuance of licenses to practice barbering; and for other purposes. Referred to the Committee on Health and Ecology. SB 597. By Senator McGill of the 24th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Oglethorpe 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. 1246 JOURNAL OF THE HOUSE, SB 464. By Senator Dean of the 6th: A Bill to be entitled an Act to provide for the acquisition, construction, and maintenance of bicycle trails; to authorize the Department of Natural Resources to enter into agreements with counties and munic ipalities; and for other purposes. Referred to the Committee on Natural Resources. SB 117. By Senators London of the 50th and Kidd of the 25th: A Bill to be entitled an Act to amend an Act creating the office of District Attorney Emeritus and creating the District Attorneys' Retirement Fund, so as to change the amount of the payment; and for other purposes. Referred to the Committee on Retirement. SB 480. By Senators Gillis of the 20th, McGill of the 24th, Zipperer of the 3rd, and Kennedy of the 4th: A Bill to be entitled an Act to create the Board of Admissions of the College of Veterinary Medicine; to provide for definitions; to provide for the membership of said Board; to provide for the powers and duties of said Board; to provide for funding; and for other purposes. Referred to the Committee on University System of Georgia. SB 484. By Senator Dean of the 6th: A Bill to be entitled an Act to amend an Act known as the "Georgia Scenic Trails Act", so as to provide for the construction and mainte nance of bicycle lanes on public highways; and for other purposes. Referred to the Committee on Highways. Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time: HR 439-1245. By Messrs. Lane of the 40th and Adams of the 36th: A RESOLUTION Proposing an amendment to the Constitution so as to exclude retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00; to provide for the submission of this amendment for ratification or rejection; and for other purposes. WEDNESDAY, FEBRUARY 6, 1974 1247 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking therefrom the following paragraph: "Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such home stead, as net income is defined by Georgia law, from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old-age, survivor or disability benefits, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such application shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit there after for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1972.", and substituting in lieu thereof the following paragraph: "Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such home stead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income 1248 JOURNAL OF THE HOUSE, received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax com missioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to exclude retirement, pension or disability benefits, up to a ( ) NO certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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. WEDNESDAY, FEBRUARY 6, 1974 1249 The following amendment was read and adopted: Mr. Adams of the 36th moves to amend. HR 439-1245 by adding the following new sentence to the end of Section 1: "The ratification of this amendment shall in no way alter, modify, strike or repeal any other amendment to Article VII, Section I, Paragraph IV of the Constitution which may be ratified at the same time as this amendment may be ratified." The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended. On the adoption of the Resolution as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin 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 Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harrison Hatcher Hawes Hays Hill, B. L. Horton, G. T. ' Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Jessup Johnson Jones Karrh King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee 1250 Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford JOURNAL OF THE HOUSE, Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Toles Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Beckham Bond Brown, B. D. Burruss Collins, M. Collins, S. Dollar Egan Floyd, J. H. Gei singer Groover Harris, J. R. Hill, G. Irvin, R. Irwin Jordan Keyton McDonald Pearce Phillips, G. S. Thompson Turner Mr. Speaker On the adoption of the Resolution, as amended, the ayes were 157, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended. By unanimous consent, HR 439-1245, as amended, was ordered immediately transmitted to the Senate. HB 1474. By Messrs. Nix of the 20th, Horton of the 56th, McKinney of the 35th and others: A Bill to be entitled an Act to amend an Act providing for the con fiscation and condemnation of certain vehicles and conveyances used WEDNESDAY, FEBRUARY 6, 1974 1251 in illegal trafficking of certain drugs, so as to provide that certain additional vehicles and conveyances are contraband; and for other purposes. The following amendment was read and adopted: Mr. Carlisle of the 67th moves to amend HB 1474 by adding to line 6, page 2, after "79A-907 (6)" the following: "provided that the prohibited act for which the vehicle or con veyance is seized shall constitute a felony,". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bailey Bennett Berlin Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Duke Edwards Elliott Ellis Evans Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Karrh Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee Levitas Lewis 1252 Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. JOURNAL OF THE HOUSE, Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Rainey Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Voting in the negative was Mr. W. H. Alexander Those not voting were Messrs.: Beckham Berry Bond Brown, B. D. Buck Collins, S. Daugherty Dorminy Egan Ezzard Farrar Floyd, J. H. Geisinger Hamilton Hill, G. Horton, G. T. Irwin, J. R. Jordan Keyton King Larsen, G. K. McCracken McDonald Phillips, G. S. Pinkston Roach Shepherd Strickland Thomason Willis 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 amended. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference #2 thereon: WEDNESDAY, FEBRUARY 6, 1974 1253 HB 176. By Mr. Greer of the 43rd: A Bill to be entitled an Act to provide credit for prior service to general employee and teacher members of pension systems of cities of more than 200,000 population under certain circumstances; and for other purposes. The following report of the Committee of Conference #2 was read: Conference Committee Report on HB 176 The Conference Committee on HB 176 makes the following recom mendation : That the Senate recede from its position on the amendment creating a new Section and providing for full pension benefits for certain em ployees whose positions are abolished and accept HB 176 as passed by the House. Respectfully submitted, FOR THE SENATE /si Jack L. Stephens Senator, 36th District /s/ Leroy Johnson Senator, 38th District /s/ Frank E. Coggin Senator, 35th District FOR THE HOUSE /s/ Peyton S. Hawes, Jr. Representative, 43'rd District /s/ John W. Greer Representative, 43rd District /s/ Kil Townsend Representative, 24th District Mr. Hawes of the 43rd moved that the report of the Committee of Conference #2 on HB 176 be adopted. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Bailey Bennett Berlin Berry Bohannon Bostick Brantley, H. H. Brown, C. Buck Burton Busbee Carlisle Carr Castleberry Clark Cole Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. 1254 Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harrison Hatcher Hawes Hays Horton, G. T. Horton, W. L. Howard Hudson Hutchinson JOURNAL OF THE HOUSE, Irvin, J. Irwin, J. R. Karrh King Knight Kreeger Lambert Larsen, G. K. Levitas Lewis Lowrey Marcus Mason Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patten, R. L. Patter son Peters Pinkston Rainey Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thomason Toles Townsend Tucker Turner Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Voting in the negative was Mr. Chance. Those not voting were Messrs.: Alien Atherton Beckham Blackshear Bond Brantley, H. L. Bray Brown, B. D. Brown, S. P. Burruss Carrell Coleman Collins, M. Coney Dickey Ezzard Floyd, J. H. Groover Harris, J. R. Hill, B. L. Hill, G. Howell Irvin,R. Jessup Johnson Jones Jordan Keyton Lane, Dick Lane, W. J. Larsen, W. W. Lee Logan Matthews, C. McKinney Nessmith Patten, G. C. Pearce Petro Phillips, G. S. Phillips, L. L. Roach WEDNESDAY, FEBRUARY 6, 1974 1255 Smith, J. R. Strickland Thompson Triplett Wall Wheeler, Bobby Willis Mr. Speaker On the motion, the ayes were 129, nays 1. The report of the Committee of Conference #2 on HB 176 was adopted. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its Substitute and has appointed a Committee of Con ference on the following Bill of the House, to-wit: HB 166. By Messrs. Pinkston and Evans of the 89th: A Bill to provide that the board of trustees or directors of any two or more retirement systems, by mutual consent, may pool their trust funds for investment purposes; to provide the procedures connected therewith. The President has appointed on the part of the Senate the following Senators: Starr of the 44th, Tysinger of 41st, and Overby of 49th. 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 214. By Messrs. Burruss of the 21st, McDaniell of the 20th, Kreeger of the 21st and others: A Bill to be entitled an Act to exempt from all ad valorem taxation for educational purposes levied by any county or independent school district the homestead of any resident who is 62 years of age or older and has an income not exceeding $6,000 per annum; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to provide that the homestead, but not to exceed $10,000.00 of its assessed value, of each resident of each indepen dent school district and to each county school district in this State who is 1256 JOURNAL OF THE HOUSE, 62 years of age or over and who has a gross income from all sources, including the income 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 by, for, or in behalf of any such school system; to provide for other matters relative to the foregoing; to provide for the applicability of this Act; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA: Section 1. The homestead, but not to exceed $10,000.00 of its assessed value, of each resident of each independent school district and of each county school district within this State who is 62 years of age or over and who has a gross income from all sources, including the income of all members of his family residing within said homestead, not exceeding $6,000.00 per annum, is hereby exempted from all ad valorem taxes for educational purposes levied by, for, or in behalf of any such school system, including taxes to retire school bond indebtedness. Section 2. The exemption provided in Section 1 shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the State Revenue Commissioner for that purpose, shall be filed with the county tax receiver or tax commissioner in the case of residents of county school districts, or with the governing authority of the owner's city in the case of residents of independent school districts. Such affidavit shall be filed on or before the last day upon which the owner would otherwise be permitted by law to claim the homestead exemption provided for in Ga. Laws 1946, pp. 12, 14, as amended, and shall show the age of the owner on the first day of January next preced ing the filing of the affidavit; the total amount of income received by the owner from all sources during the immediately preceding calendar year; the total amount of income received from all sources by each indi vidual member of the owner's family residing within the homestead; and such additional information as may be prescribed by the State Revenue Commissioner. Copies of all such affidavits received, or extracts of the information contained therein, shall be forwarded by the various taxing authorities with whom such affidavits are filed to the State Revenue Commissioner who is herewith authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the Department of Revenue and to report immediately to the appropriate county or city taxing authority any apparent discrepancies between the informa tion contained in any affidavit and the information contained in any other tax records of the Department of Revenue. Section 3. The exemption granted to the homestead by this Act shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied as a residence by one or more such title holders who possesses the qualifica tions provided for in this Act, and who claims the exemption granted by this Act in the manner herein provided. Such exemptions shall also extend to those homesteads, the title to which is vested in an administra tor, executor or trustee, if one or more of the heirs or cestui que uses residing on such property possesses the qualifications provided for WEDNESDAY, FEBRUARY 6, 1974 1257 herein and claims the exemptions granted by this Act in the manner herein provided. Section 4. The State Revenue Commissioner is herewith directed and granted exclusive authority to promulgate such administrative rules and regulations as may be appropriate to the efficient administration by county, municipal, and State taxing authorities of the exemption granted by this Act. Section 5. Any person who wilfully falsifies information required by the State Revenue Commissioner pursuant to the administration of this Act, whether relating to age, income, or otherwise, shall be guilty of the crime of false swearing and shall be punished as for the commission of such crime. Section 6. The exemption provided for herein shall apply to all property owned on January 1, 1975, and subsequently. Section 7. All laws and parts of laws, whether local or general with local application, implementing the provisions of constitutional amendments number 17 and 18 of 1972 (Ga. Laws 1972, pp. 1460, 1463), ratified by the people on November 7, 1972, and published on December 4, 1972, are herewith repealed. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read: Mr. Farrar of the 52nd moves to amend the Committee substitute to HB 214 as follows: By inserting in line 9 of page 1, after the word "system;", the following: "to provide for the use of additional State funds for educa tional purposes in certain circumstances;". By renumbering Sections 4 through 8 as Sections 5 through 9, respectively. And, by inserting, following Section 3, a new Section 4 to read as follows: "Section 4. The State Board of Education shall, from funds appropriated for such purpose, in accordance with such rules and regulations as the Board shall promulgate, provide to each school district in this State, which, on the effective date of this Act, had in effect a tax levy of 20 mills or more for educational purposes, or was levying the maximum permissible tax authorized by law 1258 JOURNAL OF THE HOUSE, for educational purposes, grants for educational purposes which shall equal the revenues lost by such school district due to the exemption provided for property located within such district by the provisions of this Act." The following amendment to the Farrar amendment was read and adopted: Mr. Groover of the 75th moves to amend the Farrar amendment to the Committee substitute to HB 214 by striking from the proposed Section 4 the words "from funds appropriated for such purpose" and inserting in lieu thereof: "when funds are specifically appropriated for the purpose of replacing revenue lost by local systems as a result of this Act". The Farrar amendment, as amended, was adopted. The following amendment was read and adopted: Mr. Atherton of the 19th moves to amend the Committee substitute to HB 214 as follows: By striking Section 6 in its entirety, and inserting in lieu thereof the following: "Section 6. This Act shall become operative only in those counties or independent school districts in which the county or municipal governing authority with the responsibility for levying the ad valorem tax for educational purposes for or in behalf of such school system adopts a resolution or ordinance so providing; Provided, however, any exemption granted by this Act shall not apply to taxable years beginning prior to January 1, 1975." The following amendment was read and adopted: Mr. Adams of the 36th moves to amend the Committee substitute to HB 214 as follows: After the word "of" on line 19, "his" should be deleted and "the" inserted, so as to read "the family". The Committee substitute, as amended, was adopted. WEDNESDAY, FEBRUARY 6, 1&74 1259 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, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Cole Coleman Collins, S. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Karrh King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, C. K. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat 1260 Thomason Thompson Toles Townsend Triplett Tucker Turner JOURNAL OP THE HOUSE, Vaughn Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Blackshear Brown, S. P. Burruss Clark Collins, M. Colwell Coney Dickey Dollar Ezzard Floyd, J. H. Harris, J. F. Hill, B. L. Howell Irwin Jordan Keyton Larsen, W. W. McKinney Milford Pearce Petro Phillips, G. S. Shepherd Strickland Twiggs Willis Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1260. By Messrs. Morgan of the 70th, Smith of the 74th and Adams of the 36th: A Bill to be entitled an Act to amend an Act making it unlawful to alter the suspension system of any private passenger motor vehicle, so as to provide that it shall be unlawful to operate any private passenger motor vehicle upon which the suspension system has been altered more than two inches above or below the factory recommendation for any such vehicle; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: WEDNESDAY, FEBRUARY 6, 1974 1261 Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Castleberry Chance Cole Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrjngton Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Karrh King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Town send Triplett Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those voting the negative were Messrs. Dorminy and J. Russell. 1262 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Blackshear Bostick Burruss Carrell Clark Coleman Colwell Ezzard Fraser Jordan Keyton Larsen, W. W. Mason McKinney Pearce Peters Petro Phillips, G. S. Reaves Strickland Thomason Tucker Twiggs Willis Mr. Speaker On the passage of the Bill, the ayes were 153, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 1573. By Messrs. Morgan of the 70th, Snow of the 1st, Bennett of the 124th and others: A Bill to be entitled an Act to amend Code Section 26-1302, relating to the crime of aggravated assault, so as to provide a penalty for the commission of the crime with the intent to commit certain other crimes; and for other purposes. The report of the Committee, which was favorable to the 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 Bennett Berry Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Buck Burton Busbee Carlisle Carr Castleberry Chance Clark 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 WEDNESDAY, FEBRUARY 6, 1974 1263 Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Peters Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Town send Triplett Tucker Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood Voting in the negative was Mr. Bond. Those not voting were Messrs.: Adams, M. Berlin Blackshear Brown, B. D. Brown, S. P. Burruss Carrell Cole Ezzard Foster Fraser Greer Hawes Hill, B. L. Horton, G. T. Jordan McDonald Patten, G. C. Pearce Petro Phillips, G. S. Phillips, L. L. Strickland Turner Willis Wilson, M. L. Mr. Speaker On the passage of the Bill, the ayes were 152, nays 1. 1264 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1560. By Mr. Marcus of the 26th: A Bill to be entitled an Act to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for the issuance, reissuance, or renewal of any driver's license as to whether the licensee has executed a gift of all or part of his body conditioned upon the death of the donor; and for other purposes. The report of the Committee, which was favorable to the 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, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Blackshear Bohannon Bond Bos tick Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Connell Daugherty Dean, Gib Dean, J. E. Dean, N. Dent . Dickey Dixon Dorminy Duke Edwards Elliott Ellis Evans Farrar Foster Geisinger Gignilliat Grahl Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Jones Karrh Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney WEDNESDAY, FEBRUARY 6, 1974 1265 Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Townsend Triplett Turner Vaughn Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs. Davis, E. T. Floyd, L. R. Grantham Those not voting were Messrs.: Berry Brantley, H. L. Bray Burruss Chance Colwell Coney Davis, W. Dollar Egan Ezzard Floyd, J. H. Fraser Harrison Hill, B. L. Johnson Jordan Keyton King McCracken McDonald Miles Patten, G. C. Petro Phillips, G. S. Phillips, L. L. Strickland Thomason Tucker Twiggs Waddle Willis Mr. Speaker On the passage of the Bill, the ayes were 144, nays 3. The Bill, having received the requisite constitutional majority, was passed. HB 1333. By Mr. Alexander of the 38th: A Bill to be entitled an Act to amend an Act regulating charges and interests on loans secured by secondary security deeds on certain resi dential property subject to a prior lien or security deed, so as to provide that certain persons shall not be within the regulatory authority of the Act; and for other purposes. 1266 JOURNAL OF THE HOUSE, A Committee amendment was read and withdrawn by unanimous consent. The following amendment was read and adopted: Mr. Alexander of the 38th moves to amend HB 1333 as follows: By striking from lines 17 through 20 on page one and lines 21 through 24 on page two, the following: "; provided, however, that no person making three or fewer such loans for which a secondary security deed on real estate is taken within one calendar year shall be within the regulatory authority of this Act", and inserting in lieu thereof, the following: "; provided, however, that the requirements of this Section shall not apply to loans for which a secondary security deed on real estate is taken where the individual making such loans has made no more than five such loans within one calendar year." The report of the Committee, which was fayorable 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, M. Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Berlin Berry Blackshear Bond Bostick Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger WEDNESDAY, FEBRUARY 6, 1974 1267 Gfeer Groover Hamilton Harden Harrington Harris, J. F. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Karrh King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee Levitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thompson Toles Turner Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Alien Atherton Bohannon Brantley, H. L. Bray Burruss Castleberry Colwell Davis, W. Egan Elliott Ellis Ezzard Gignilliat Grahl Grantham Harris, J. R. Jones Jordan Keyton Lane, W. J. Lewis Nix Patten, G. C. Petro Phillips, G. S. Strickland Thomason Townsend Triplett Tucker Twiggs Vaughn Whitmire Mr. Speaker On the passage of the Bill, as amended, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. 1268 JOURNAL OP THE HOUSE, HB 1423. By Mr. Northcutt of the 68th: A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to change the time of retirement of certain persons in the Uniform Division of the Department of Public Safety; and for other purposes. The report of the Committee, which was favorable to the 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, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck 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 Dickey Dixon Dorminy Duke Edwards Elliott Ellis Farrar Ployd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Groover Harden Harrington Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Jones Karrh Knight Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee Le vitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Mulherin Mullinax Nessmith Nix Noble Northcutt Odom WEDNESDAY, FEBRUARY 6, 1974 1269 Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs. Egan and G. K. Larsen. Those not voting were Messrs.: Adams, J. H. Berlin Burruss Clark Coney Dollar Evans Ezzard Gignilliat Hamilton Harris, J. F. Irvin, R. Jordan Keyton King Lambert Logan Moyer Petro Pinkston Sams Strickland Thomason Thompson Vaughn Willis Mr. Speaker On the passage of the Bill, the ayes were 151, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 1594. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to authorize the State Board of education to change certain definitions relative to the school year and school month under certain emergency 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: 1270 JOURNAL OF THE HOUSE, Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Cole Coleman Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Jones Karrh King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Le vitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Wilson, J. M. Wilson, M. L. WEDNESDAY, FEBRUARY 6, 1974 1271 Those not voting were Messrs.: Beckham Burruss Clark Collins, M. Dean, Gib Dollar Elliott Ellis Ezzard Grahl Horton, W. L. Irvin, R. Jordan Keyton Marcus Patten, R. L. Peters Petro Rainey Smith, V. B. Strickland Whitmire Williams Willis Wood 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 1595. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to amend Code Section 32-1005, relating to bonds of county school superintendents, so as to make said Code Sec tion applicable to both county and independent school superintendents; and for other purposes. The report of the Committee, which was favorable to the 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, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent 1272 Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Parrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup JOURNAL OF THE HOUSE, Johnson Jones Karrh King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Le vitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Burruss Chance Dollar Ezzard Jordan Keyton Marcus McCracken Peters Phillips, G. S. Ware Willis Mr. Speaker On the passage of the Bill, the ayes were 167, nays 0. WEDNESDAY, FEBRUARY 6, 1974 1273 The Bill, having received the requisite constitutional majority, was passed. HB 1365. By Messrs. Buck of the 87th and Farrar of the 52nd: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to make a technical correction relative to reference to a section; to change the provisions relative to time for filing service retirement applications; and for other purposes. The report of the Committee, which was favorable to the 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, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burton Busbee Carlisle Carr Carrell Castleberry Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Edwards Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Howard Hudson Hutchinson Irvin, J. Irvin,R. Irwin Jessup Johnson Jones Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. 1274 Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce JOURNAL OF THE HOUSE, Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Triplett Tucker Twiggs Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs. Egan and G. K. Larsen. Those not voting were Messrs.: Berlin Brown, S. P. Burruss Chance Clark Dickey Dollar Ezzard Floyd, J. H. Horton, G. T. Horton, W. L. Howell Jordan Marcus McKinney Petro Phillips, G. S. Strickland Townsend Turner Vaughn Mr. Speaker On the passage of the Bill, the ayes were 156, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 1437. By Messrs. Buck of the 87th and Farrar of the 52nd: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the provisions relating to military service credit; and for other purposes. The following Committee amendment was read and adopted: The House Committee on Retirement moves to amend HB 1437 as follows: WEDNESDAY, FEBRUARY 6, 1974 1275 By striking the period and quotation mark following the word, "Security" in line 7 on page 3 and inserting in lieu thereof the following: "and the United States Civil Service System.' " The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the 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. 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, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Foster Eraser Gisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble 1276 Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush JOURNAL OF THE HOUSE, Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Townsend Triplett Tucker Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Bray Brown, S. P. Burruss Dickey Dollar Ezzard Floyd, J. H. Horton, W. L. Howell Jordan Marcus McKinney Pearce Petro Phillips, G. S. Smith, J. R. Strickland Turner Vaughn Mr. Speaker On the passage of the Bill, as amended, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1657. By Mr. Greer of the 43rd: A Bill to be entitled an Act to provide that confidential or privileged medical matter which constitutes a record, or part thereof, kept by a health care facility or physician, does not lose its confidential or privileged character when disclosed in certain circumstances; and for other purposes. The following Committee amendment was read and adopted: The Committee on Health and Ecology moves to amend HB 1657 as follows: on line 10, page 2, to change the word "of" to the word "by". The following amendment was read and adopted: Mr. Dean of the 50th moves to amend HB 1657 by striking Section 4 in its entirety and re-numbering Sections 5, 6, 7 and 8 accordingly. WEDNESDAY, FEBRUARY 6, 1&74 1277 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. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, C. Buck Burton Busbee Carlisle Carr Carrell Chance Clark ' Cole Collins, M. Collins, S. Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, B. L. Hill, G. Horton, W. L. Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Jones Knight Kreeger Lambert Lane, Dick Lee Levitas Lewis Lowrey Mason Matthews, D. R. Mauldin McCracken Miles Milford Morgan Moyer Mulherin Mullinax Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Riitchie Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Townsend Triplett Tucker Turner Waddle Walker Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson, J. M. Wilson, M. L. 1278 JOURNAL OF THE HOUSE, Those voting in the negative were Messrs.: Alexander, W. H. Coleman Karrh King Lane, W. J. Larsen, G. K. McDonald Nessmith Wall Williams Wood Those not voting were Messrs.: Bond Bray Brown, B. D. Brown, S. P. Burruss Castleberry Colwell Coney Daugherty Dollar Egan Ezzard Floyd, J. H. Groover Hamilton Hawes Horton, G. T. Howard Irwin, J. R. Johnson Jordan Keyton Larsen, W. W. Logan Marcus Matthews, C. McDaniell McKinney Odom Phillips, G. S. Roach Russell, W. B. Strickland Toles Twiggs Vaughn Willis Mr. Speaker On the passage of the Bill, as amended, the ayes were 131, nays 11. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 744. By Messrs. Dixon of the 126th and Odom of the 114th: A Bill to be entitled an Act to amend Code Chapter 40-19, relating to the Supervisor of Purchases, so as to authorize the Commissioner to procure fidelity bonds covering State employees except such bonds of elected State Officers or other officers required to give a special bond; and for other purposes. The report of the Committee, which was favorable to the 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 WEDNESDAY, FEBRUARY 6, 1974 1279 Beckham Bennett Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Duke Edwards Elliott Ellis Evans ' Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Karrh King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L, Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Town send Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood 1280 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Berlin Bostick Brown, S. P. Buck Burruss Carrell Collins, M. Coney Dean, Gib Dean, J. E. Dickey Dollar Egan Ezzard Floyd, J. H. Jordan Keyton Marcus McKinney Phillips, G. S. Strickland Ware Willis Mr. Speaker On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1558. By Messrs. Dixon of the 126th, Hudson of the 115th, Sheeler and Grantham of the 127th and others: A Bill to be entitled an Act to add one additional judge of the superior courts for the Waycross Judicial Circuit of Georgia: to provide for the appointment of the first additional judge by the Governor; to provide for the election of said additional judge and for the election of succes sors; to prescribe the powers of said judge; and for other purposes. The report of the Committee, which was favorable to the passage pf 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. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Elliott Ellis Evans Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Karrh WEDNESDAY, FEBRUARY 6, 1974 1281 King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Milford Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were messrs. Morgan and Thomason. Those not voting were Messrs.: Brantley, H. H. Buck Burruss Coney Dean, J. E. Dollar Egan Ezzard Floyd, J. H. Jordan Keyton Miles Phillips, G. S. Phillips, L. L. Townsend Vaughn Mr. Speaker On the passage of the Bill, the ayes were 161, nays 2. 1282 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 709. By Messrs. Levitas of the 50th, Brown of the 34th, Patten of the 123rd and others: A Bill to be entitled an Act to create the Georgia Development Authority for Housing Finances; and for other purposes. By unanimous consent, further consideration of HB 709 was postponed until tomorrow, immediately after the period of unanimous consents. 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 announced the House adjourned until 9:30 o'clock, tomorrow morning. THURSDAY, FEBRUARY 7, 1974 1283 Representative Hall, Atlanta, Georgia Thursday, February 7,1974 The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker. Prayer was offered by the Reverend Virlon Griner, 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. The following report of the Committee on Rules was read and adopted: Mr/Speaker: Your Committee on Rules met and fixed the calendar for Thursday's business, February 7, 1974, and submits the following: 1284 JOURNAL OF THE HOUSE, HB 409. Tangible Property Tax, Quarterly Payments HB 1070. Soil Erosion (Reconsidered) HB 1109. Sales Tax, Delinquent Tax, Interest HB 1263. Livestock, Crime of Theft HB 1325. Motor vehicle inspection, violations HB 1351. State Properties, Sprinkler Systems HB 1352. Escape Cases; Expenses HB 1373. Agri. Vehicles, Length & Weight HR 476-1380. Civil Actions, Venue 3rd Party Practice HB 1389. Married Woman, Surety on Bail HB 1449. Motor Contract and Common Carriers HB 1450. Motor Contract, Public Safety ; HB 1476. Income Tax, Conform U. S. Internal Rev. Code HB 1495. Property Tax, Fair Market Value HB 1554. Agricultural Commodities Promotion, Marketing HB 1593. Cty. City Golf Course, Sell Malt Beverages HB 1597. State Grants, Leases, Property HB 1602. Ports Authority, 5% Rev. Bonds HB 1603. Motor Vehicle Certificate, Replacement HB 1604. Motor Vehicle Certificate, Non negotiable HR 522-1604. Designate--Reinhardt Parkway HB 1615. Presidential Preference Primary, Date held HB 1630. Vote Recorders, Number Each Polling Place HB 1632. Deceptive Advertising, Sale of Beef, Pork HB 1661. Grand Jurors, Drawing, Increase Number THURSDAY, FEBRUARY 7, 1974 1285 HB 1675. National Bicentennial Celebration Comm. HR 560-1678. Designate Blue Star Memorial Highways HR 540-1634. Harvested Agri. Prod., Ad Valorem Tax, Reconsidered SB 153. Insurance; Physician and Doctor SB 227. Area Planning and Development Comm. Contracts SB 429. Marijuana, Possession, Penalty All Bills and Resolutions on Wednesday's calendar which have not been acted upon: HB 127. Criminal Cases, Jury Verdict (, HB 450. Water Supply Systems, Health HB 709. Georgia Develop. Authority, Housing, P.P. HB 974. Common Day of Rest, Setting Apart HB 995. Insurance, Coverage of Newborn Children HB 1258. Exam of Water Well Contractors HB 1292. Motorized Carts; License. HB 1349. Cigars & Gigs., Illegal, Seizure HB 1364. Counties, Stds. for Budget, Audit HB 1504. Schools Boards, Special Education Facilities HR 511-1512. Public School Teachers, Increase Retirement HB 1584. Higher Ed. Ass't. Auth., Incentive Scholarship HB 1590. City-County employees compensation HB 1607. Juvenile Court, Time Hearing Conducted!. HB 1676. Insurance; Funeral Contracts The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire. Respectfully submitted Lambert of the 97th, Vice-Chairman. 1286 JOURNAL OF THE HOUSE, By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1825. By Mr. Ployd of the 56th: A Bill to be entitled an Act to amend the "Georgia Meat Inspection Act", so as to prohibit the sale or exposure for sale of meat or meat products in misleading packages or containers; to provide for regula tions; and for other purposes. Referred to the Committee on Agriculture. HB 1826. By Messrs. Floyd of the 56th and Larsen of the 27th: A Bill to be entitled an Act to amend Code Title 76, relating to peace warrants and behavior bonds, so as to provide that any person against whom a peace warrant issues, shall be immediately brought before the) court which issued the warrant, or be released, on bond by the sheriff; to provide that the sheriff shall determine the amount of bond; to limit the amount of the bond and to specify the form of bond; and for other purposes. Referred to the Committee on Judiciary. HB 1827. By Messrs. Floyd of the 56th and Larsen of the 27th: A Bill to be entitled an Act to amend an Act known as the "Motor Ve hicle Sales Act", so as to provide for voluntary surrender of collateral as full satisfaction; and for other purposes. Referred to the Committee on Special Judiciary. HB 1828. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to incorporate the City of Temple in the County of Carroll; to create a charter for said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1829. By Messrs. Bohannon and Patterson of the 64th: A Bill to be entitled an Act to amend Code Section 88-1725, relating to fees for copies of searches of vital statistics, so as to provide that no charge shall be made for searches of records maintained by the Depart ment of Human Resources; and for other purposes. Referred to the Committee on Human Relations. THURSDAY, FEBRUARY 7, 1974 1287 HB 1830. By Mr. Shanahan of the 7th: A Bill to be entitled an Act to provide for the office of Commissioner of Gordon County; to provide the procedures connected therewith; to repeal an Act creating the office of Commissioner of Gordon County, approved August 4, 1920; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1831. By Messrs. Savage of the 30th, Davis of the 56th, Larsen of the 27th, Alexander of the 39th, Dent of the 78th, Northcutt of the 68th, Bond of the 32nd, Johnson of the 68th and others: A Bill to be entitled an Act to provide for a Constitutional Convention to propose revisions, alterations or amendments to the Constitution of the State of Georgia; to provide for the composition of the Convention; to provide for qualifications, election, oath and compensation of mem bers; to provide for meetings, duties and powers of the Convention; and for other purposes. Referred to the Committee on Rules. HB 1832. By Mr. Savage of the 30th: A Bill to be entitled an Act to amend Code Chapter 84-7, relating to the practice of dentistry, so as to provide for the employment of personnel necessary to assist the Board of Dental Examiners of Georgia in the performance of their duties; and for other purposes. Referred to the Committee on Health and Ecology. HB 1833. By Mr. Brown of the 67th: A Bill to be entitled an Act to repeal an Act authorizing State employees to run for and hold office in any government of any municipality having a population of 1,000 persons or less; and for other purposes. Referred to the Committee on State of Republic. HB 1834. By Messrs. Horton of the 43rd and Karrh of the 91st: A Bill to be entitled an Act to regulate and control the formal fore closure and repossession of personal property; to provide for the method of foreclosure, execution and sale; to provide for a petition for writ of possession; to provide for the service of summons on defendant; and for other purposes. Referred to the Committee on Banks and Banking. HB 1835. By Messrs. Dickey of the 89th, Horton of the 43rd, Shanahan of the 7th, Brown of the 67th, Milford of the 13th and Pinkston of the 89th: A Bill to be entitled an Act to regulate home solicitation sales; to pro- 1288 JOURNAL OF THE HOUSE, vide for a short title; to define certain terms; to provide for the buyer's right to cancel; to provide for the notice of right to cancel; to provide for the return of any down payment; to provide when a security interest is terminated; to provide for the return of property; to provide for the duty of the buyer; and for other purposes. Referred to the Committee on Banks and Banking. HB 1836. By Messrs. Horton of the 43rd Shanahan of the 7th, Brown of the 67th, Milford of the 13th and Pinkston of the 89th: A Bill to be entitled an Act to prohibit debt collection practices and ex tortionate extensions of credit; to define certain terms; to enumerate prohibited debt collection practices; to provide for the recovery of actual and punitive damages by the creditor under certain conditions; to pro vide for control and penalties where extortionate extensions of credit have been granted; and for other purposes. Referred to the Committee on Banks and Banking. HB 1837. By Messrs. Dickey of the 89th, Horton of the 43rd, Shanahan of the 7th, Brown of the 67th and Pinkston of the 89th: A Bill to be entitled an Act to amend Code Chapter 56-33, relating to credit life insurance and credit accident and sickness insurance, so as to provide that the amount of credit accident and sickness insurance shall not exceeed the indebtedness; to provide for maximum charges by creditors for credit life insurance and credit accident and sickness in surance; and for other purposes. Referred to the Committee on Banks and Banking. HB 1838. 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 provisions relating to the deputy sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1839. By Messrs. Adams of the 36th and Lane of the 40th: A Bill to be entitled an Act to provide that the governing authorities of the municipalities of this State shall adopt certain policies governing the employment of personnel; and for other purposes. Referred to the Committee on Industry. HB 1840. By Messrs. Wheeler and Grantham of the 127th: A Bill to be entitled an Act to authorize and empower the City of Saint THURSDAY, FEBRUARY 7, 1974 1289 Marys, Georgia, after abandoning and closing certain streets as provided by law, to execute and deliver its deed conveying the title to said aban doned and closed streets to the person or persons lawfully entitled to the same; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1841. By Mr. Egan of the 25th: A Bill to be entitled an Act to amend an Act known as the "Georgia Securities Act of 1973", so as to clarify certain provisions relating to the registration of securities; and for other purposes. Referred to the Committee on Banks and Banking. HB 1842. By Messrs. Rainey of the 115th, Jessup of the 102nd, Hudson of the 115th, Dorminy of the 115th, Coleman and Larsen of the 102nd: A Bill to be entitled an Act to create the office of assistant court reporter in certain judicial circuits of this State; to provide for the appointment, powers, duties, compensation and expenses of the assistant court re porter; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local. Legislation. HB 1843. By Messrs. Adams of the 36th, Lane of the 40th and Hudson of the 115th: A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of the motor fuel tax and exemptions therefrom, so as to pro vide that the motor fuel tax shall not apply to the sale of motor fuels to any school system; and for other purposes. Referred to the Committee on Ways and Means. HB 1844. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide for the authorization of distribution or sale of distilled spir its in limited container sizes by certain common carriers; to provide for the payment of taxes by such carriers in connection with such distribu tions or sales; and for other purposes. Referred to the Committee on Temperance. HB 1845. By Mr. Connell of the 80th: 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 1290 JOURNAL OF THE HOUSE, provide for licenses which may be issued under the authority of such Act; to provide the fees for such licenses; and for other purposes. Referred to the Committee on Temperance. HB 1846. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide detailed procedures for the issuance and renewal of licenses required by said Act and for the investigation of all applicants for such licenses; and for other purposes. Referred to the Committee on Temperance. HB 1847. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide a limitation upon the quantity of distilled spirits which may lawfully be sold by a retail licensee; to provide exceptions to such limitation and procedures connected therewith; and for other purposes. Referred to the Committee on Temperance. HB 1848. By Mr. Connell of the 80th: 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 place a limitation upon the quantity of distilled spirits which may lawfully be possessed in any county of this State; and for other purposes. Referred to the Committee on Temperance. HR 624-1848. By Messrs. Wood, Whitmire and Williams of the 9th: A Resolution proposing an amendment to the Constitution so as to au thorize and empower the Board of Commissioners of Forsyth County to levy, assess and collect a license fee from any person, firm or corpora tion who may maintain a place of business or who may in any manner engage in any type of business in any area of Forsyth County outside the incorporated limits of municipalities and to otherwise regulate busi nesses in the unincorporated areas of Forsyth County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1849. By Messrs. Dollar of the 63rd, Bohannon and Patterson of the 64th: A Bill to be entitled an Act to create the Douglasville-Douglas County Water Authority; to authorize the Authority to acquire, construct, THURSDAY, FEBRUARY 7, 1974 1291 add to, extend, improve, equip, operate and maintain projects embracing sources of water supply and the distribution and sale of water and re lated facilities; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1850. By Messrs. Murphy of the 18th, Floyd of the 5th, Busbee of the 114th Collins of the 122nd and Atherton of the 19th: 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 change the maximum salary which may be paid from State funds for secretaries of superior court judges and district attorneys; and for other purposes. Referred to the Committee on Rules. HB 1851. By Mr. Dollar of the 63rd: A Bill to be entitled-an Act to amend an Act authorizing the governing authorities of the several municipalities and counties to establish sep arate or joint planning facilities so as to require written reasoning for a decision by a governing authority which is to the contrary of the rec ommendation of the appropriate planning commission; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1852. By Mr. Groover of the 75th: A Bill to be entitled an Act creating and establishing a small claims court for Monroe County to be known as the Small Claims Court of Monroe County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1853. By Mr. Hill of the 41st: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, 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 1854. By Mr. Hill of the 41st: A Bill to be entitled an Act to amend an Act incorporating the City of Atlanta, so as to remove certain property from the boundaries of the City of Atlanta; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. 1292 JOURNAL OF THE HOUSE, HB 1855. By Mr. Connell of the 80th: A Bill to be entitled an Act to provide that any person who knowingly and willfully obstructs or hinders the State Revenue Commissioner or any duly appointed agent, employee or levying officer thereof in the lawful discharge of his official duties shall be guilty of a misdemeanor; and for other purposes. Referred to the Committee on Special Judiciary. HB 1856. By Messrs. Levitas of the 50th, Farrar of the 52nd, Jordan of the 58th, Russell of the 53rd, Harris of the 51st, Vaughn of the 57th and Mrs. Clark of the 65th: A Bill to be entitled an Act to amend Code Section 34-104, relative to the construction of the "Georgia Election Code", so as to supersede or repeal the provisions of any local Act providing for the nonpartisan election of members of the county board of education of any county of this State having a population of not less than 400,000 or more than 600,000; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1857. By Messrs. Roach, Thomason and Harris of the 8th: A Bill to be entitled an Act to amend an Act creating the Cherokee County Water Authority, so as to change the name of said Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1858. By Messrs. Roach, Thomason and Harris of the 8th: A Bill to be entitled an Act to amend an Act creating the office of commissioner of Dawson County, so as to change the compensation of the commissioner of Dawson County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1859. By Messrs. Roach and Thomason of the 8th: A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Dawson 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. THURSDAY, FEBRUARY 7, 1974 1293 HB 1860. By Messrs. Roach, Thomason and Harris of the 8th: A Bill to be entitled an Act to amend an Act placing the sheriff of Dawson County upon an annual salary, so as to change the compensation of the sheriff and his deputies; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation, HB 1861. By Mr. Floyd of the 56th: A Bill to be entitled an Act to amend the "Georgia Meat Inspection Act", so as to provide for the labeling of certain packaged ground meat; to provide that any meat not so labeled shall be considered a free gift; and for other purposes. Referred to the Committee on Agriculture. HR 625-1861. By Mr. Floyd of the 56th: A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to require justices of the peace and ex officio justices of the peace to participate in certain educational pro grams ; and for other purposes. Referred to the Committee on Judiciary. HB 1862. By Mr. Hawes of the 43rd: A Bill to be entitled an Act to repeal an Act providing that in certain municipalities of this State consumption of alcoholic beverages shall be authorize during certain hours, approved April 13, 1973 (Ga. Laws Referred to the Committee on State Planning & Community Affairs. 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 1883. By Mr. Gignilliat of the 105th: A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. 1294 JOURNAL OP THE HOUSE, HB 1889. By Messrs. Williams of the 9th and Murphy of the 18th: A Bill to be entitled an Act to amend Code Title 13, known as the "Bank ing Law" of Georgia, as amended, so as to provide that no person, firm or corporation other than a bank, savings and loan association or credit union shall accept "savings" or "savings accounts" or "deposits" except under certain conditions; to define "deposit"; to provide an effective date; and for other purposes. Referred to the Committee on Banks and Banking. HR 630-1889. By Messrs. Williams of the 9th, Triplett of the lllth, Brown of the 67th and Pinkston of the 89th: A Resolution creating the Thrift and Investment Notes Study Commit tee; and for other purposes. Referred to the Committee on Banks and Banking. HR 631-1889. By Mr. Harris of the 8th: A Resolution compensating the City of Cartersville; and for other purposes. Referred to the Committee on Appropriations. HR 633-1891. By Messrs. Jordan of the 58th and Mason of the 59th: A Resolution compensating Mrs. Howard T. Williams; and for other purposes. Referred to the Committee on Appropriations. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1791. By Mr. Irwin of the 113th: A Bill to be entitled an Act to amend an Act creating a board of com missioners for Terrell County, so as to change the provisions relating to the location of the office of the board of commissioners; and for other purposes. HB 1792. By Mr. Irwin of the 113th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Terrell County, known as the fee sys tem ; to provide in lieu thereof an annual salary; and for other purposes. THURSDAY, FEBRUARY 7, 1974 1295 HB 1793. By Mr. Irwin of the 113th: A Bill to be entitled an Act to provide a new charter for the Town of Sasser; to provide that this Act shall repeal and replace the charter provided by an Act approved December 29, 1890; and for other purposes. HB 1794. By Mr. Larsen of the 27th: A Bill to be entitled an Act to enact the model conflict of interest Act; to prohibit use of public office for pecuniary gain; to prohibit the solicitation or receipt of anything of value by a public official or his household; to prohibit use and disclosure of confidential information; to prohibit conflicts of interest by legislators and legislative employees; to prohibit certain conflicts of interest by public officers and employees; and for other purposes. HB 1795. By Mr. Shanahan of the 7th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establish ing in lieu thereof an annual salary so as to change the provisions rela tive to the compensation of said officer; and for other purposes. HB 1796. By Mr. Burruss of the 21st: A Bill to be entitled an Act to amend an Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, so as to change the provisions relating to the study of cosmetology under a cosmetologist or in a school or college; to change the requirements for schools and colleges of cosmetology; and for other purposes. HB 1797. By Mr. Burruss of the 21st: A Bill to be entitled an Act to amend Code Chapter 88-18, relating to regulations of hospitals and related institutions, so as to change the definition of the term "institution"; and for other purposes. HB 1798. By Messrs. Peters of the 2nd, Rainey of the 115th, Hays of the 1st and Wamble of the 120th: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt from the taxes imposed by said Act the sale of tickets for admission to secondary and elementary school athletic events within individual schools or between schools in the same or in different school systems when such activities are sponsored by county or independent boards of education as an integral part of the total school program; and for other purposes. 1296 JOURNAL OF THE HOUSE, HB 1799. By Messrs. Keyton of the 121st, Wamble of the 120th, Cole of the 6th, Miles of the 79th and Hutchinson of the 114th: A Bill to be entitled an Act to amend an Act approved December 27, 1937, as amended, to comprehensively provide for a new schedule of tax rates and return procedures for intangible property; and for other purposes. HB 1800. By Mr. Adams of the 14th: A Bill to be entitled an Act to amend Code Chapter 92-64, relating to payment of taxes, as amended, so as to authorize counties and munici palities to provide for the collection and payment of ad valorem taxes in two or more installments annually; to provide the basis for computing the amount of installments; to provide that this amendment shall not impose any tax on property which was not owned by the taxpayer on the first day of January; and for other purposes. HB 1801. By Messrs. Elliott of the 49th, Moyer of the 99th, Egan of the 25th, Noble of the 48th, Duke of the 20th and Waddle of the 98th: 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 drivers, and certain other persons, of motor vehicles involved in traffic acci dents on the expressway system of certain standard metropolitan sta tistical areas shall be required to move school motor vehicles so as not to obstruct traffic under certain conditions; and for other purposes. HB 1802. By Messrs. McCracken and Lewis of the 77th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, so as to extend the corporate limits of said city; and for other purposes. HB 1803. By Messrs. McCracken and Lewis of the 77th: A Bill to be entitled an Act to repeal and replace the charter of the Town of Bartow, so as to create a new charter for said town; and for other purposes. HB 1804. By Messrs. Townsend of the 24th and Brown of the 67th: A Bill to be entitled an Act to amend an Act providing for the control and operation of clinical laboratories, so as to add additional exemp tions; to change the number of laboratories an individual shall be per mitted to direct; and for other purposes. THURSDAY, FEBRUARY 7, 1974 1297 HB 1805. By Messrs. Edwards of the 95th, Colwell of the 4th, Burton of the 47th, Jordan of the 58th, Hudson of the 115th, Connell of the 80th, Rush of the 104th, Wheeler of the 13th, Mauldin of the 13th, Blackshear of the 106th and Mrs. Clark of the 55th: A Bill to be entitled an Act to prohibit any State board, body, agency, official, institution or other person or associations from discriminating against optometrists licensed under Code Chapter 84-11 for visual care services when the visual care services are within the scope of practice of optometrists licensed under said Chapter; and for other purposes. HB 1806. By Mr. Hill of the 110th : A Bill to be entitled an Act to provide for the salary of the mayor of all municipalities of this State having a population of not less than 100,000 or more than 120,000; and for other purposes. HB 1807. By Mr. Hill of the 110th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah . . .", so as to provide for the powers and du ties of the City Manager of the City of Savannah; and for other purposes. HB 1808. By Mr. Greer of the 43rd: A Bill to be entitled an Act to appropriate funds to the Fulton-DeKalb Hospital Authority; and for other purposes. HB 1809. By Mr. Atherton of the 19th: A Bill to be entitled an Act to authorize and direct county boards of health and county boards of family and children services, and the re spective departments thereof, to take the necessary action to insure full and complete cooperation between such county departments; and for other purposes. HR 601-1809. By Messrs. Horton of the 56th, Harrington of the 93rd and Mor gan of the 70th: A Resolution creating the Welfare System Study Committee; and for other purposes. HR 602-1809. By Messrs. Lewis of the 77th, Colwell of the 4th and Collins of the 122nd: A Resolution compensating William Warren Clark, Jr.; and for other purposes. 1298 JOURNAL OF THE HOUSE, HB 1810. By Mr. Horton of the 56th: A Bill to be entitled an Act to exempt from ad valorem taxation for educational purposes levied by certain county school districts the home stead, but not to exceed $10,000 of its value, of any resident of 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 mem bers of his family, not exceeding $6,000 per annum; and for other purposes. HB 1811. By Mr. Edwards of the 95th: A Bill to be entitled an Act to be known as the "Georgia Ambulance Services Act"; to provide for a short title; to provide for definitions; to create the Georgia State Board of Ambulance Service; and for other purposes. HB 1812. By Messrs. Sams of the 83rd and Miles of the 79th: 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, so as to revise, consolidate and clarify all the laws establish ing, concerning and relating to the Municipal Court, City of Augusta, in and for the County of Richmond; and for other purposes. HB 1813. By Mr. Larsen of the 27th: 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 authorize and regulate the sale of malt beverages and wine on college or university campuses under certain conditions; and for other purposes. HB 1814. By Messrs. Walker of the 100th and Grahl of the 88th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Macon County, so as to change the compensation of the board of commissioners; and for other purposes. HB 1815. By Messrs. Burton of the 47th, Wheeler of the 127th, Noble of the 48th, Floyd and Davis of the 56th, Grantham of the 127th and Lane of the 40th: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide certain require ments relative to the certification of teachers, principals and guidance counselors; and for other purposes. THURSDAY, FEBRUARY 7, 1974 1299 HB 1816. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to allotment of teachers and certificated personnel; and for other purposes. HB 1817. By Messrs. Howard of the 19th, Murphy of the 18th, Williams of the 9th, Logan of the 62nd, Northcutt of the 68th and Adams of the 14th: A Bill to be entitled an Act to amend an Act known as the "Executive Reorganization Act of 1972", and an Act known as the Georgia Police Academy Act, so as to transfer authority of the Georgia Police Acad emy from the Peace Officers' Standards and Training Council to the Board of Public Safety; to create the position of Superintendent of the Police Academy; and for other purposes. HB 1818. By Mr. Vaughn of the 57th: A Bill to be entitled an Act to amend an Act providing that the govern ing 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 12 months from the date such annexation became effective, so as to clarify the time within which an application for rezoning may be resubmitted for consideration; and for other purposes. HB 1819. By Mr. Alexander of the 39th: A Bill to be entitled an Act to amend an Act creating the Joint CityCounty Board of Tax Assessors in certain counties (population of 300,000 or more), so as to provide for the method of arbitration of as sessments made by the Joint Board of Tax Assessors and to further provide for appeals to the Superior Court from the decision of the arbi trators; and for other purposes. HR 622-1819. By Messrs. Burruss of the 21st, Coleman of the 102nd, Wheeler of the 127th, Walker of the 100th, Rush of the 104th, Lewis of the 77th, Patten of the 124th, Jessup of the 102nd, Smith of the 74th and Larsen of the 102nd: A Resolution directing the State Department of Education and the Georgia Educational Television Network to cooperate in the preparation of a film of an address by the Honorable Ben W. Fortson, Jr. to a joint session of the General Assembly of Georgia; and for other pudposes. HB 1820. 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 1300 JOURNAL OF THE HOUSE, as to prohibit the retail sale of distilled spirits in unbroken packages on certain days; and for other purposes. HB 1821. By Mr. Evans of the 89th: A Bill to be entitled an Act to amend the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, so as to repeal the provi sion prohibiting retail licensees to willingly and knowingly sell more than two quarts per day to any purchaser; to require retail licensees to keep a register or book showing the name and address of any person purchasing more than two standard cases per day; and for other purposes. HB 1822. By Messrs. Evans and Dickey of the 89th: A Bill to be entitled an Act to be known as the "Georgia Campaign Contributions Disclosure Act of 1974"; to provide for the disclosure of certain political campaign contributions; to privide for definitions; to provide for the filing and disclosure of reports; to provide that such reports shall be open to public inspection and copying; to provide for the preservation of such reports; and for other purposes. HB 1823. By Mr. Egan of the 25th: A Bill to be entitled an Act to amend Code Title 34, known as the "Georgia Election Code", so as to change the definition of "superinten dent"; to add a new Code Chapter 34-4A, relating to county, boards of elections, so as to provide for the powers and duties of county boards of elections; and for other purposes. HB 1824. By Mr. Rush of the 104th: A Bill to be entitled an Act to provide that regulated certificated banks in certain counties may merge, consolidate or become a branch of any state-chartered bank situated in any county adjoining the county in which the regulated certificated bank in located, subject to the approval of the Commissioner of the Department of Banking and Finance; and for other purposes. SB 451. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act providing for sick leave for teachers in the public schools in this State, so as to allow additional accumulative sick leave; to place a limitation upon the amount which may be paid to substitute teachers; and for other purposes. SB 558. By Senator Starr of the 44th: A Bill to be entitled an Act to amend an Act known as the "Georgia THURSDAY, FEBRUARY 7, 1974 1301 Proprietary School Act", so as to change the provisions relative to a certain exemption; to delete certain provisions relative to the registra tion of representatives and the issuance of permits in connection there with; and for other purposes. SB 562. By Senators Lester of the 23rd and Doss of the 52nd: A Bill to be entitled an Act to amend Code Section 88-504.2, relating to admission of a mentally ill person to an emergency receiving facility, so as to provide for examinations; to provide for orders; to provide for records and reports; to provide for delivery of certain persons to emergency receiving facilities; and for other purposes. SB 563. By Senators Lester of the 23rd and Doss of the 52nd: A Bill to be entitled an Act to amend Code Section 88-404.7, relating to admission of certain persons to emergency receiving facilities, so as to provide for custody and examination of persons appearing to be an alcoholic or drug dependent individual; and for other purposes. SB 569. By Senator Herndon of the 10th: A Bill to be entitled an Act to amend an Act known as the "Children and Youth Act", so as to change the penalty provisions relating to certain youthful offenders; to provide penalty provisions for the crime of attempted rape with respect to certain youthful offenders; and for other purposes. SB 570. By Senator Herndon of the 10th: A Bill to be entitled an Act to amend Code Chapter 30-2, relating to alimony, so as to provide for attorneys' fees in certain actions for en forcement or modification of judgments relating to divorce, alimony, sup port or custody of minor children; and for other purposes. SB 574. By Senators McGill of the 24th, Gillis of the 20th, Cox of the 21st and others: A Bill to be entitled an Act to authorize and empower the Georgia State Scholarship Commission to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to pursue a program of study in veterinary medicine; and for other purposes. SB 576. By Senator Webb of the llth: A Bill to be entitled an Act to amend an Act creating the State Court of Miller County (formerly the City Court of Miller County), so as to chance the salary of the judge of said court; and for other purposes. 1302 JOURNAL OF THE HOUSE, SB 579. By Senator Thompson of the 32nd: A Bill to be entitled an Act to amend Code Section 32-942, relating to the keeping of school funds separate from other funds, so as to provide that said funds may be used for certain extracurricular athletic and interscholastic activities; and for other purposes. SB 582. By Senators Wasden of the 2nd, Zipperer of the 3rd and Riley of the 1st: A Bill to be entitled an Act to amend an Act providing for a board of elections in certain counties, so as to change the jurisdiction of the board of elections; to change the qualifications of members of the board of elections; and for other purposes. SB 584. By Senator McGill of the 24th: A Bill to be entitled an Act to provide for the appointment of the County School Superintendent of Wilkes County by the Board of Education of Wilkes County; and for other purposes. SB 585. By Senator McGill of the 24th: A Bill to be entitled an Act to amend an Act creating the Oglethorpe Development Authority, so as to change the composition of such Au thority; and for other purposes. SB 587. By Senator Carter of the 14th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that the rank and pay of the Com manding Officer of the Uniform Division of the Department of Public Safety shall be established by the Board of Public Safety; and for other purposes. SB 592. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act known as the "Georgia Barber Act", so as to change the requirements for the issuance of licenses to practice barbering; and for other purposes. SB 597. By Senator McGill of the 24th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Oglethorpe County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. THURSDAY, FEBRUARY 7, 1974 1303 SB 464. By Senator Dean of the 6th: A Bill to be entitled an Act to provide for the acquisition, construction, and maintenance of bicycle trails; to authorize the Department of Natural Resources to enter into agreements with counties and municipali ties; and for other purposes. SB 117. By Senators London of the 50th and Kidd of the 25th: A Bill to be entitled an Act to amend an Act creating the office of District Attorney Emeritus and creating the District Attorneys' Retire ment Fund, so as to change the amount of the payment; and for other purposes. SB 480. By Senators Gillis of the 20th, McGill of the 24th, Zipperer of the 3rd, and Kennedy of the 4th: A Bill to be entitled an Act to create the Board of Admissions of the College of Veterinary Medicine; to provide for definitions; to provide for the membership of said Board; to provide for the powers and duties of said Board; to provide for funding; and for other purposes. SB 484. By Senator Dean of the 6th: A Bill to be entitled an Act to amend an Act known as the "Georgia Scenic Trails Act", so as to provide for the construction and maintenance of bicycle lanes on public highways; and for other purposes. Mr. Matthews of the 122nd District, Chairman of the Committee on Agricul ture, submitted the following report: Mr. Speaker: Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1600. Do Pass. Respectfully submitted, Matthews of the 122nd, Chairman. Mr. Floyd of the 5th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the 1304 JOURNAL OF THE HOUSE, following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HE 565-1705. Do Pass. HR 566-1705. Do Pass HR 556-1678. Do Pass. HR 564-1705. Do Pass. HR 490-1435. Do Pass. HR 470-1349. Do Pass. HR 462-1337. Do Pass. HR 454-1298. Do Pass. HR 53- 161. Do Pass. HR 539-1633. Do Pass, as Amended. HR 558-1678. Do Pass, as Amended. Respectfully submitted, Floyd of the 5th, Chairman. Mr. Brown of the 67th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: Your Committee on Health & Ecology has had under consideration the follow ing Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 495. Do Pass, as Amended. Respectfully submitted, Brown of the 67th, Chairman. Mr. Vaughn of the 57th District, Chairman of the Committee on Highways, submitted the following report: Mr. Speaker: Your Committee on Highways has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 447. Do Pass, by Substitute. THURSDAY, FEBRUARY 7, 1974 1305 HB 1801. Do Pass. SB 250. Do Not Pass. SB 130. Do Not Pass. SB 469. Do Pass. SR 284. Do Pass. Respectfully submitted, Vaughn of the 57th, Chairman. Mr. Mullinax of the 65th District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 213. Do Not Pass. HB 266. Do Not Pass. HB 1697. Do Pass. HB 1556. Do Pass, as Amended. Respectfully submitted, Mullinax of the 65th, Chairman. 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 the same back to the House with the following recommendation: SB 513. Do Pass. Respectfully submitted, McCracken of the 77th, Chairman. 1306 JOURNAL OF THE HOUSE, Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 450-1298. Do Pass. SB 522. Do Pass. HB 1736. Do Pass, as Amended. HB 1733. Do Pass, as Amended. SB 23. Do Pass, as Amended. Respectfully submitted, Snow of the 1st, Chairman. Mr. Brantley of the 92nd District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report: Mr. Speaker: Your Committee on Legislative and Congressional Reapportionment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1302. Do Pass, by Substitute. Respectfully submitted, Brantley of the 92nd, Chairman. Mr. Buck of the 87th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 117. Do Pass. Respectfully submitted, Buck of the 87th, Chairman. THURSDAY, FEBRUARY 7, 1974 1307 Mr. Buck of the 87th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 323. Do Pass. HB 1429. Do Pass. HB 1428. Do Pass. HB 1526. Do Pass, by Substitute. HB 1396. Do Pass. Respectfully submitted, Buck of the 87th, Chairman. Mr. Levitas of the 50th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs, Local Legislation has had under consideration the following Bills and Resolutions of the House and has instructed me to report same back' to the House with the following recommendations: HB 1758. Do Pass. HB 1768. Do Pass. HB 1769. Do Pass. HB 1770. Do Pass. HB 1773. Do Pass. HB 1775. Do Pass. HB 1776. Do Pass. HB 1777. Do Pass. HB 1779. Do Pass. HB 1781. Do Pass. HB 1782. Do Pass. HB 1783. Do Pass. HB 1784. Do Pass. 1308 JOURNAL OP THE HOUSE, HB 1785. Do Pass. HB 1786. Do Pass. HB 1787. Do Pass. HB 1790. Do Pass. HE 70- 215. Do Pass, by Substitute. HR 441-1245. Do Pass. HR 486-1416. Do Pass. HR 596-1777. Do Pass. Respectfully submitted, Levitas of the 50th, Chairman. Mr. Wamble of the 120th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the follow ing Bills and Resolutions of the House and has instructed me to report same back to the House with the following recommendations: HB 1532. Do Pass. HB 1618. Do Pass. HB 1627. Do Pass. HB 1628. Do Pass. HB 1672. Do Pass. HB 1357. Do Not Pass. HR 523-1604. Do Pass. HR 561-1682. Do Pass. HR 562-1682. Do Pass, as Amended. HB 1011. Do Pass, by Substitute. HB 1012. Do Pass, by Substitute. Respectfully submitted, Wamble of the 120th, Chairman. By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: THURSDAY, FEBRUARY 7, 1974 1309 HB 936. By Messrs. Triplett of the lllth, Gignilliat of the 105th, Alien of the 108th and others: A Bill to be entitled an Act to fix the compensation of a certain official in certain counties; 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 937. By Messrs. Triplett of the lllth, Gignilliat of the 105th, Alien of the 108th and others: A Bill to be entitled an Act to fix the compensation of a certain official in certain counties; 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 1381. By Messrs. Adams of the 36th, Greer, Horton and Hawes of the 43rd: A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Hapeville, Georgia, and for other purposes", as amended, so as to provide authority for the election of a Councilmanat-large to be elected from any section of the city; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1310 JOURNAL OF THE HOUSE, HB 1500. By Messrs. Adams of the 36th, Lane of the 40th, Stephens of the 37th and others: A Bill to be entitled an Act to repeal an Act authorizing the creation of emeritus offices in certain counties (Ga. Laws, 1961, p. 2615), as amended, to provide that the repeal of said Act shall not affect the offices or the compensation of any person who shall have been appointed to such an emeritus office; to provide 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 ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1519. By Messrs. Greer of the 43rd, Alexander of the 39th, Adams of the 36th and others: A Bill to be entitled an Act to amend an Act entitled "An Act to provide Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes" so as to provide for preservation of certain pension benefits by postponing the date for commencement of such benefits; 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 1520. By Messrs. Greer of the 43rd, Alexander of the 39th, Adams of the 36th and others: A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes" so as to change the formula for reduction of the amount of dependent benefits in certain cases; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 7, 1974 1311 The report of the Committee, which was favorable to the passage of the Bill, was 'agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1521. By Messrs. Greer of the 43rd, Alexander of the 39th, Adams of the 36th and others: A Bill to be entitled an Act to amend an Act entitled "An act to provide in Fulton County a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", as amended, so as to clarify the public school, college or university service. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1719. By Messrs. Keyton of the 121st, Patten and Reaves of the 124th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Pavo, Georgia (formerly the Town of Pavo), as amended, so as to change the day for holding the regular elections for the City of Pavo from the third Monday in December of each year to the fourth Monday in November of each year; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1312 JOURNAL OF THE HOUSE, HB 1738. By Mr. Vaughn of the 57th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Rockdale County upon an annual salary, as amended, so as to change the compensation of the sheriff's deputies; to change the number of equipped automobiles to be furnished to the sheriff's office; 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 1743. By Mr. Shanahan of the 7th: A Bill to be entitled an Act to provide that the Judge of the Superior Court of Gordon County shall make certain special charges to the Grand Juries of Gordon County; to provide the procedures connected therewith; 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 1747. By Mr. Phillips of the 73rd: A Bill to be entitled an Act to amend an Act creating the board of commissioners of Columbia County, as amended, so as to provide for the election of a chairman of the board of county commissioners in the event of a vacancy; 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. THURSDAY, FEBRUARY 7, 1974 1313 The Bill, having received the requisite constitutional majority, was passed. HB 1748. By Mr. Phillips of the 73rd: 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 Committee amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1748 by striking on page 3, line 13, "July 1, 1974" and inserting in lieu thereof "April 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 ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1750. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the Ordinary of Glynn County and placing said officers on an annual salary, so as to change the compensation of the clerk of the superior court; to change the compensation of the ordinary; 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 1757. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend an Act amending the charter 1314 JOURNAL OF THE HOUSE, of the City of Brunswick in the County of Glynn, as amended, so as to define the corporate limits of said city; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1758. By Messrs. Castleberry of the 96th and Edwards of the 95th: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Chattahoochee County; as amended, so as to change the compensation of the chairman and members of the Board of Com missioners of Chattahoochee County; to provide 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 ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1760. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act placing the ordinary of Screven County upon an annual salary, as amended, so as to change the compensation of the ordinary; to provide 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 ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 7, 1974 1315 HB 1769. By Messrs. Bennett and Patten of the 124th: A Bill to be entitled an Act to amend the Act placing the Tax Com missioner of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year; to provide for the submission of a recommended budget prior to the beginning of the fiscal year; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1768. By Messrs. Bennett and Patten of the 124th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Lowndes County on a salary basis in lieu of a fee basis, as amended, so as to change the budget requirements of said office from a calendar year to a fiscal year; to provide for the submission of a recommended budget prior to the beginning of the fiscal year; 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 1775. By Mr. Adams of the 84th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Harris County upon an annual salary, as amended, so as to authorize the governing authority of Harris County to fix the salary of each of the sheriff's deputies in an amount not less than a certain minimum salary; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 1316 JOURNAL OP THE HOUSE, On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1770. By Messrs. Bennett and Patten of the 124th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year; to provide for the submission of a recommended budget prior to the beginning of the fiscal year; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1773. By Messrs. Rush of the 104th and Fraser of the 117th: A Bill to be entitled an Act to provide for the compensation of the members of the Board of Education of Long County; to provide for a referendum; 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 1776. By Mr. Floyd of the 5th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Chattooga County upon an annual salary, as amended, so as to provide for the appointment of additional personnel within the Sheriff's office; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 7, 1974 1317 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1777. By Mr. Floyd of the 5th: A Bill to be entitled an Act to provide that it shall be unlawful for any county officer of Chattooga County to wilfully fail or refuse to account for any county funds or to pay over to the proper fiscal author ity any county funds in their charge as required by law; to provide for penalties; 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 1779. By Mr. Brantley of the 92nd: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Candler County, known as the fee system; to provide in lieu thereof an annual salary; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1781. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th and others: A Bill to be entitled an Act to amend an Act amending, revising, con- 1318 JOURNAL OF THE HOUSE, solidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1782. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th and others: A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, as amended, so as to provide for an additional judge of the State Court of Cobb County; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1783. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th and others: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dallas, as amended, so as to change the corporate limits of the City of Dallas; to change the composition of the wards of said City; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. THURSDAY, FEBRUARY 7, 1974 1319 The Bill, having received the requisite constitutional majority, was passed. HB 1785. By Messrs. Lewis of the 77th, Nessmith and Lane of the 76th: A Bill to be entitled an Act to amend an Act creating the State Court of Burke County, so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal con flicting 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 1786. By Mr. Oxford of the 101st: A Bill to be entitled an Act to amend an Act entitled "An Act to amend, revise, and consolidate the several Acts granting corporate authority of the City of Americus, to convey additional power upon the Mayor and City Council of Americus, to extend the corporate limits of said City and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1784. By Messrs. Lewis and McCracken of the 77th: A Bill to be entitled an Act to reincorporate the City of Wadley in the County of Jefferson; to create a new charter of said city; to prescribe 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. 1320 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1787. By Mr. Oxford of the 101st: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court and the city court clerk in the County of Sumter, and providing a salary system in lieu thereof, as amended, so as to change the compensation of the employees of the clerk of the courts; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1790. By Messrs. Bennett, Patten and Reaves of the 124th: A Bill to be entitled an Act to amend an Act placing the Ordinary of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 487. By Senator Salter of the 17th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Flovilla, so as to change certain of the provisions thereof pertaining to the prosecuting officer of the city court; to provide the procedures connected therewith; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. THURSDAY, FEBRUARY 7, 1974 1321 The Bill, having received the requisite constitutional majority, was passed. HR 70-215. By Mr. Alexander of the 38th: A RESOLUTION Proposing an amendment to Article VII, Section VII, Paragraph V (Code Section 2-6005) of the Constitution modifying the restriction against the use by political subdivisions of the power of taxation for the purpose of paying principal or interest of revenue anticipation obligations so as to permit certain municipalities to make certain guarantees of such payments out 'of tax revenues under certain cir cumstances; 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 AS SEMBLY OF GEORGIA: Section 1. That Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding the following additional provision at the end thereof: "The General Assembly may, from time to time, authorize the governing body of any municipality having a population in excess of 400,000 according to the present or any future United States Decennial Census to include in any resolution or resolutions autho rizing the issuance of bonds under this chapter a guarantee or pledge of payment, when due, of any such Revenue Bonds (or the interest thereon) out of any general revenues received or held by such municipality which are not pledged or budgeted specifically for any particular use or to the repayment of any particular debt, but only in the event revenue pledged to the payment of such Revenue Bonds (or the interest thereon) is insufficient at any time to make all or any part of such payments and that any such guarantee be effective by its term only after such time during the period for repayment of interest and principal on a Revenue Bond issue as a reserve fund created and maintained by the issuer solely from amounts derived as revenue from the activity funded by such Revenue Bond issue contains funds equal to at least one and one-third of the largest amount necessary to repay all interest and principal payments maturing during any one fiscal year of the total repayment period specified in such Revenue Bond issue." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945^ as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended to authorize the General Assembly to permit certain munici- 1322 JOURNAL OF THE HOUSE, ( ) NO palities to make certain guarantees of payments on principal and interest on revenue anticipation obligations out of general tax revenues under certain circumstances?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution of the State of Geor gia so as to authorize the City of Atlanta under certain circumstances to levy ad valorem taxes for the purpose of paying the principal of and the interest on certain revenue obligations issued by said City; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VII of the Constitution of the State of Georgia, as the same has been heretofore amended, is hereby further amended by adding at the end thereof a new paragraph to read as follows: "Nowithstanding any other provision of this Article, the City of Atlanta may levy ad valorem taxes not to exceed two (2) mills in any calendar year for the purpose of paying the principal of and the interest on any issue of revenue obligations issued by said City and secured by a pledge of said taxing power; provided, however, no such pledge may be made with respect to any such issue unless at or prior to the issuance thereof both of the following conditions have been met: (1) the net earnings (as hereinafter defined) of the undertaking with respect to which such issue is proposed to be issued for a period of twelve (12) consecutive months out of the fifteen (15) months immediately preceding the adoption of pro ceedings for the issuance of such issue must have been equal to at least one and one-third (1%) times the highest combined principal and interest requirements (as hereinafter defined) for any succeed ing twelve (12) months' period on all then outstanding revenue obligations which are payable from the earnings of such under taking and on the obligations of the issue proposed to be issued; and (2) said City has obligated itself to create from the earnings of such undertaking a reserve fund which can be used only to pay the principal of and the interest on the revenue obligations payable from said earnings in an amount which will equal within not more than sixty (60) months from the date of the adoption of proceedings THURSDAY, FEBRUARY 7, 1974 1323 for the issuance of such issue the highest combined principal and interest requirements (as hereinafter defined) for any succeeding twelve (12) months' period on all then outstanding revenue obliga tions which are payable from the earnings of such undertaking and on the obligations of the issue proposed to be issued. Net earn ings as used herein shall be construed to be gross earnings of such undertaking which have been received during the period in question after deducting therefrom the reasonable and necessary expenses of operating, maintaining and repairing such undertaking during the period in question (but excluding depreciation). In determining gross earnings for the purpose of making the computations re quired to establish net earnings, there may be included, in addition to actual receipts during the twelve (12) months' period in question, an amount equal to the fixed amounts to be received during the twelve (12) months immediately following the date of such deter mination from new contracts entered into with users of the services of such undertaking or new or increased payments to be received under the provisions of existing contracts on account of the new additions, extensions or improvements to such undertaking which are to be financed from the proceeds of the issue of obligations then proposed to be issued. For the purpose of determining the principal and interest requirements for any twelve (12) months' period, there shall be included, in addition to the amounts which, by the terms of the pertinent revenue obligations, become due and payable during said period, the aggregate principal amount, (and premium, if any,) of any annual mandatory redemption requirements which must be met during said period and a like amount of principal shall be deducted from the principal requirement in the period when such obligations would, by their terms, mature if they were not subject to such mandatory redemption or redemptions. A pledge of the aforesaid taxing power for the purpose herein authorized shall be accom plished by the inclusion of a covenant to such effect in the ordinance authorizing the issuance of such issue of obligations, coupled with a reference to said covenant in the instrument or instruments evidencing the obligation or obligations, and once made, said covenant shall constitute a lien on the moneys received from the taxes levied in furtherance thereof and the validity of said covenant, pledge and lien shall be incontestable from and after the issuance of such issue of obligations and the holder of any such obligation shall be autho rized to enforce the same, provided only that prior to the issuance of such issue of obligations, the Director of the Department of Fi nance of the City of Atlanta, or the successor to his powers, shall have certified to the governing body of said City that the above re ferred to conditions precedent to the creation of such pledge have been met and said governing body shall have approved the correct ness of such certification by a statement to such effect in the ordi nance adopted to authorize the issuance of such issue of obligations." 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: 1324 JOURNAL OF THE HOUSE, "( ) YES Shall the Constitution be amended so as to au thorize the City of Atlanta under certain circum stances to levy ad valorem taxes not to exceed ( ) NO 2 mills in any calendar year to pay the principal of and the interest on revenue obligations issued from time to time by said City?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. THURSDAY, FEBRUARY 7, 1974 1325 Irwin Jessup Johnson Jones Karrh King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Le vitas Lewis Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thomason 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, J H. Bostick Dean, N. Dollar Floyd, J. H. Hatcher Hill, B. L. Jordan Keyton Lambert Marcus Mason Pearce Smith, J. R. Strickland Thompson Wamble Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 162, nays 0. The Resolution, by substitute, having received the requisite two-thirds con stitutional majority, was adopted. By unanimous consent, HR 70-215 was ordered immediately transmitted to the Senate. HR 441-1245. By Mr. Lane of the 40th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that residents of the City of East Point who are 65 years of age or over 1326 JOURNAL OF THE HOUSE, or who are totally disabled and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $5,000.00 from ad valorem taxation by said City; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution, as amended by an amendment ratified at the 1972 general election as set forth by House Resolution 234-698 adopted at the 1971 session of the General Assembly (Ga. Laws 1971, p. 959), is hereby amended by strik ing from said amendment, as set forth by said House Resolution 234698, the following paragraphs: "Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all City ad valorem taxes in an amount not to exceed Four Thousand ($4,000.00) Dollars on a homestead owned and occupied by him as a residence, if his net income, together with the net income of his spouse, who also occupies and resides at such homestead, does not exceed Four Thousand ($4,000.00) Dollars for the immediate preceding taxable year for State of Georgia income tax purposes. Any such owner as defined in this paragraph shall not receive the benefits of such homestead exemption unless such owner has been similarly exempted from state and county ad valorem taxes by the tax commissioner of Fulton County, Georgia. No homestead shall be subject to more than one exemption as provided for herein, and the value of the homestead in excess of the above-exempted amounts shall remain subject to ad valorem taxation by the City of East Point. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1972.", and substituting in lieu thereof the following paragraphs: "Each resident of the City of East Point who is sixty-five years of age or over and who does not have an income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, and each resident of the City of East Point who is totally disabled, except disabled veterans qualifying for the home stead exemption provided for hereinafter, and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, is hereby granted an exemption of $5,000.00 on his homestead from all ad valorem taxation by the City of East Point as long as any such resident of the City of East Point actually oc cupies said homestead as his residence. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of East Point, or with a perosn designated by the governing authority of the City THURSDAY, FEBRUARY 7, 1974 1327 of East Point, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing author ity of the City of East Point, or the person designated by the governing authority of the City of East Point, to make a determina tion as to whether such owner is entitled to such exemption. If such resident is qualified to receive the old age homestead exemption of $4,000.00 from Fulton County ad valorem taxes, proof of such ex emption will qualify such resident for the City of East Point home stead exemption of $5,000.00 provided for herein. The governing authority of the City of East Point, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. No homestead shall be subject to more than one exemption as provided for herein, and the value of the homestead in excess of the above-exempted amounts shall remain subject to ad valorem taxa tion by the City of East Point. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1974." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, 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 residents of the City of East Point who ( ) NO are 65 years of age or over or who are totally disabled and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of -$5,000.00 from ad valorem taxation by said City?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: 1328 JOURNAL OF THE HOUSE, Those voting in the affirmative were Messrs. Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Karrh King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Le vitas Lewis Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thomason 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 THURSDAY, FEBRUARY 7, 1974 1329 Those not voting were Messrs.: Adams, J. H. Bostick Dean, N. Dollar Floyd, J. H. Hatcher Hill, B. L. Jordan Keyton Lambert Marcus Mason Pearce Smith, J. R. Strickland Thompson Wamble Mr. Speaker On the adoption of the Resolution, the ayes were 162, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. HR 486-1416. By Mr. Adams of 36th: A RESOLUTION Proposing an amendment to the Constitution so as to provide a homestead exemption from taxation to resident homeowners in the City of Hapeville, in an amount not to exceed $2,500 and that the present homestead exemption of $4,000 to resident homeowners age 65 or over and resident homeowners who are totally disabled be increased to $6,500; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by striking therefrom the following: "Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Hapeville who is sixty-five years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, and each resident of the City of Hapeville who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, is hereby granted an exemption of $4,000.00 on his homestead from all ad valorem taxa tion by the City of Hapeville as long as any such resident of the City of Hapeville actually occupies said homestead at his residence. Provided, however, under this provision, there shall be no more than one (1) $4,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain sub ject to ad valorem taxation by the City of Hapeville. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the 1330 JOURNAL OF THE HOUSE, City of Hapeville, or with a person designated by the governing au thority of the City of Hapeville, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as well enable the governing authority of the City of Hapeville, or the person designated by the governing authority of the City of Hapeville, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Hapeville, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1971. If such resident is qualified to receive the old age homestead exemption of $4,000.00 from Fulton County ad valorem taxes, proof of such exemption will qualify such resident for the City of Hape ville $4,000.00 tax exemption contemplated herein.", and inserting in lieu thereof the following: "Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Hapeville who is 65 years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000 per annum, and each resident of the City of Hapeville who is totally disabled and who does not have an income from all sources, including the income of all mem bers of the family living in the home of said resident, exceeding $4,000 per annum, is hereby granted an exemption of $6,500 on his homestead from all ad valorem taxation by the City of Hapeville as long as any such resident of the City of Hapeville actually oc cupies said homestead as his residence. Provided, however, under this provision, there shall be no more than one (1) $6,500 exemp tion per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Hapeville. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Hapeville, or with a person designated by the governing authority of the City of Hape ville, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Hapeville, or the person designated by the governing authority of the City of Hapeville, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Hapeville, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. If such resident is qualified to receive the old-age home stead exemption of $4,000 from Fulton County ad valorem taxes, proof of such exemption will qualify such resident for the City of Hapeville $6,500 tax exemption contemplated herein. A homestead of each resident of the City of Hapeville actually occupied by the owner as a resident and homeowner, but only so long as actually occupied by the owner primarily as such, is hereby exempted from THURSDAY, FEBRUARY 7, 1974 1331 ad valorem taxation in the amount of $2,500. The exemptions pro vided for herein shall apply to all taxable years beginning after December 31, 1974." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to change the homestead exemption for residents of the City ( ) NO of Hapeville who are age 65 or over or who are totally disabled from $4,000 to $6,500 and to pro vide for homestead exemption for resident homeowners of the City of Hapeville in an amount not to exceed $2,500 from ad valorem taxation by said city?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman . Collins, M. Collins, S. " Colwell Coney Connell Daugherty 1332 Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. JOURNAL OF THE HOUSE, Irvin, R. Irwin, J. R. Jessup Johnson Jones Karrh King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thomason 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, J. H. Bostick Dean, N. Dollar Floyd, J. H. Hatcher Hill, B. L. Jordan Keyton Lambert Marcus Mason Pearce Smith, J. R. Strickland Thompson Wamble Mr. Speaker On the adoption of the Resolution, the ayes were 162, nays 0. THURSDAY, FEBRUARY 7, 1974 1333 The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 596-1777. By Messrs. Triplett of the lllth, Jones of the 109th, Chance of the 112th and others: A RESOLUTION Proposing an amendment to the Constitution so as to create the General Hospital Authority of West Chatham County to be activated by the adoption of a resolution by the governing authority of Chatham County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VII, Section IV of the Constitution is hereby amended by adding at the end thereof the following paragraphs: "There is hereby created a public body corporate and politic to be known as the General Hospital Authority of West Chatham County, hereinafter referred to as the Authority, which shall consist of a board of seven members who shall be citizens of Chatham County residing within the West Chatham County General Hospital District, as hereinafter defined, selected by the governing authority of Chatham County. The members of the board shall serve at the pleasure of the governing authority of Chatham County. The mem bers of the board shall elect a chairman and such other officers from its own membership as the board deems necessary or desirable. There is hereby created the West Chatham County General Hospital District, hereinafter referred to as the District, which shall consist of the western portion of Chatham County embraced within the following described area: beginning at a point where the northern right-of-way of Interstate Highway 16 intersects the Chatham-Effingham Counties boundary line; thence northeasterly and easterly along said Chatham-Effingham Counties boundary line to the western bank of the Savannah River; thence southerly along the western bank of the Savannah River to a point where the easter ly extension of Lathrop Avenue would intersect the western bank of the Savannah River; thence westerly along said extension of Lathrop Avenue and the centerline of Lathrop Avenue to the point where the centerline of Lathrop Avenue intersects the southern right-of-way of Lyons Parkway; thence southwesterly along the southern right-of-way of Lyons Parkway to a point where the southern right-of-way of Lyons Parkway intersects the northern right-of-way of Interstate Highway 16; thence westerly along the northern right-of-way of Interstate 16 to the point of beginning where the northern right-of-way of Interstate 16 intersects the Chatham-Effingham Counties boundary line. 1334 JOURNAL OF THE HOUSE, The Authority is created for the purpose of constructing a general hospital to be located within the District and for the pur pose of maintaining and operating said general hospital. In order to carry out such purposes, the Authority shall be a hospital au thority within the meaning of Georgia Code Chapter 88-18, relative to hospital authorities, as now or hereafter amended, and shall have all the powers and duties of a hospital authority under the pro visions of said Code Chapter, except that the area of operation of the Authority shall be the District, as herein defined, and the projects of the Authority shall be limited to the construction, maintenance and operation of a general hospital within said District. The governing authority of Chatham County shall be authorized to contract with the Authority pursuant to said Code Chapter 88-12 and to levy a tax in connection therewith only upon the taxable property located within the District. The governing authority of Chatham County shall be further authorized to issue general obliga tion bonds and to provide the Authority with the proceeds from the sale of such bonds as provided by said Code Chapter 88-12, but such general obligation bonds shall be retired from the proceeds of a tax levied for such purpose only on the taxable property located within the District. The General Hospital Authority of West Chatham County created herein shall be activated only by the adoption of a resolution by the governing authority of Chatham County declaring a need for said Hospital Authority and implementing the provisions of this amendment to the Constitution." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to create the General Hospital Authority of West Chatham ( ) NO County to be activated by the adoption of a resolu tion by the governing authority of Chatham County?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. THURSDAY, FEBRUARY 7, 1974 1335 On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Karrh King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thomason Toles Town send Triplett Tucker 1336 Turner Twiggs Vaughn Waddle Walker JOURNAL OP THE HOUSE, Wall Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs. : Adams, J. H. Bostick Dean, N. Dollar Floyd, J. H. Hatcher Hill, B. L. Jordan Keyton Lambert Marcus Mason Pearce Smith, J. R. Strickland Thompson Wamble Mr. Speaker On the adoption of the Resolution, the ayes were 162, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit: HR 603. By Mr. Irvin of the 23rd: A Resolution expressing sympathy to the parents of Master Chuck Gantt. HR 614. By Messrs. Peters of the 2nd and Hays of the 1st: A Resolution commending the Reverend Bob Sessum. HR 615. By Messrs. Peters of the 2nd and Hays of the 1st: A Resolution commending the Post Volunteer Fire Department of Rossville. HR 616. By Messrs. Peters of the 2nd and Hays of the 1st: Commending Mr. George Hackler. THURSDAY, FEBRUARY 7, 1974 1337 HR 617. By Messrs. Peters of the 2nd and Hays of the 1st: A Resolution commending the Rebel Restaurant, Fort Oglethorpe. HR 618. By Messrs. Peters of the 2nd and Hays of the 1st: Commending Mr. Jimmy Sampley. HR 619. By Messrs. Peters of the 2nd and Hays of the 1st: A Resolution commending the Jorges Carpet Mills, Inc. The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate, to-wit: SR 316. By Senator Coggin of the 35th: A Resolution proposing an amendment to the Constitution so as to authorize the pre-filing of bills by members of the General Assembly; to provide for the submission of this amendment for ratification or rejection. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit: SB 519. By Senator Overby of the 49th: A Bill to amend Code Title 22, relating to corporations, as amended, so as to provide for the place of publication of notice of certain amendments, changes, restatements, dissolutions, mergers, and consolidations. SB 537. By Senators Gillis of the 20th, Kennedy of the 4th, and Young of the 13th: A Bill to amend an Act superseding, with stated exceptions, all previous laws of this State relating to the organization, powers and duties of the Forestry Commission, as amended, so as to authorize the State Forestry Commission to manage, conserve and protect certain forest lands or forest properties. HB 1355. By Mr. Mullinax of the 65th: A Bill to amend an Act approved March 29, 1937, known as the "Un employment Compensation Law", (now Employment Security Law), so as to increase maximum benefit amounts; to prevent a tax increase; to delete a requalifying provision applicable to pregnancy separations. 1338 JOURNAL OF THE HOUSE, SB 538. By Senators Gillis of the 20th, Kennedy of the 4th and Young of the 13th: A Bill to amend an Act comprehensively revising the laws relating to the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to acquire land without going through any other State agency, board, commission, or department. SB 571. By Senator Herndon of the 10th: A Bill to amend Code Section 56-2431, relating to group insurance policies entered into by governmental units, so as to permit county boards of education to pay all or part of the premiums for such policies. SB 586. By Senator Smith of the 34th: A Bill to provide for the reading of certain admonishments in each public school classroom. SB 602. By Senator London of the 50th: A Bill to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to exclude fellow employees as third party tortfeasors. HB 1241. By Messrs. Lane of the 40th and Adams of the 36th: A Bill to create a State Boxing Commission. HB 1262. By Mr. Reaves of the 124th: A Bill to amend Code Title 62, relating to livestock, so as to substantially revise, modernize and supersede Code Chapter 62-1, relating to marks and brands. HB 1401. By Mr. Atherton of the 19th: A Bill to amend Code Chapter 79A-4, relating to pharmacists, so as to authorize the Joint Secretary, State Examining Boards, to issue temporary licenses under certain conditions. The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House, to-wit: SR 304. By Senator McGill of the 24th: A Resolution designating the Broad Road. THURSDAY, FEBRUARY 7, 1974 1339 HR 473-1369. By Mr. Nessmith of the 76th and others: A Resolution relative to the allocation of natural gas to be used in the production of nitrogen. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SR 285. By Senator London of the 50th: A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall provide by law for the regula tion and disclosure of efforts to influence the executive and legislative branches of State government; and for other purposes. Referred to the Committee on Rules. SR 304. By Senator McGill of the 24th: A Resolution designating the Broad Road; and for other purposes. Referred to the Committee on Highways. SR 316. By Senator Coggin of the 35th: A Resolution proposing an amendment to the Constitution so as to authorize the pre-filing of bills by members of the General Assembly; and for other purposes. Referred to the Committee on State of Republic. SB 499. By Senator Sutton of the 9th: A Bill to be entitled an Act to prohibit the reorganization or consolida tion of public schools without approval at a referendum election; to require approval by a majority of the votes cast in each school atten dance area affected; and for other purposes. Referred to the Committee on Education. SB 519. By Senator Overby of the 49th: A Bill to be entitled an Act to amend Code Title 22, relating to corpo rations, as amended, so as to provide for the place of publication of notice of certain amendments, changes, restatements, dissolutions, mergers, and consolidations; and for other purposes. Referred to the Committee on Judiciary. 1340 JOURNAL OF THE HOUSE, SB 537. By Senators Gillis of the 20th, Kennedy of the 4th and Young of the 13th: A Bill to be entitled an Act to amend an Act superseding, with stated exceptions, all previous laws of this State, relating to the organization, powers and duties of the Forestry Commission, so as to authorize the State Forestry Commission to manage, conserve and protect certain forest lands or forest properties; and for other purposes. Referred to the Committee on Natural Resources. SB 538. By Senators Gillis of the 20th, Kennedy of the 4th and Young of the 13th: A Bill to be entitled an Act to amend an Act comprehensively revising the laws relating to the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to acquire land without going through any other State agency, board, commission, or department; and for other purposes. Referred to the Committee on Natural Resources. SB 571. By Senator Herndon of the 10th: A Bill to be entitled an Act to amend Code Section 56-2431, relating to group insurance policies entered into by governmental units, so as to permit county boards of education to pay all or part of the premiums for such policies; and for other purposes. Referred to the Committee on Education. SB 586. By Senator Smith of the 34th: A Bill to be entitled an Act to provide for the reading of certain admonishments in each public school classroom; and for other purposes. Referred to the Committee on Education. SB 602. 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 exclude fellow employees as third party tortfeasors; to change the minimum number of employees for coverage; to delete certain provisions exempting employees of public charities from coverage; and for other purposes. Referred to the Committee on Industrial Relations. Under the general order of business, established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time: THURSDAY, FEBRUARY 7, 1974 1341 HR 539-1633. By Mr. Bostick of the 123rd: A Resolution compensating Mr. John C. Edmonson, Jr.; and for other purposes. The following Committee amendment was read and adopted: The Committee on Appropriations moves to amend HR 539-1633 as follows: Amend line 24 to read "William Brothers Grocery Company". 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 141, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HR 558-1678. By Mr. Logan of the 62nd: A Resolution compensating Mr. Aaron Franklin Whitehead; and for other purposes. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 558-1678 as follows: Amend line 10 to read the amount "$465.52". 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 141, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HR 53-161. By Messrs. Bennett, Patten and Reaves of the 124th: A Resolution compensating Mrs. Era S. Davis; and for other purposes. 1342 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 141, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 454-1298. By Messrs. Rogers and Harden of the 128th: A Resolution compensating Mr. Joseph P. Barone; 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 141, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 462-1337. By Mr. Burruss of the 21st: A Resolution compensating Mr. and Mrs. Robert Helt; 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 Reesolution, the ayes were 141, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 470-1349. By Mr. Lane of the 40th: A Resolution compensating Mrs. Charlotte H. Bruce; and for other purposes. THURSDAY, FEBRUARY 7, 1974 1343 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 141, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 490-1435. By Mr. Shanahan of the 7th: A Resolution compensating Mrs. Dave Sexton; 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 141, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 556-1678. By Mr. Logan of the 62nd: A Resolution compensating Mr. Craig Loehle; 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 141, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 564-1705. By Mr. Gignilliat of the 105th: A Resolution compensating Brock Corbin; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. 1344 JOURNAL OP THE HOUSE, On the adoption of the Resolution, the ayes were 141, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 565-1705. By Mr. Gignilliat of the 105th: A Resolution compensating James Minter; 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 141, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 566-1705. By Mr. Gignilliat of the 105th: A Resolution compensating Joseph A. Bryan; 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 141, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. The following Resolution of the House was read and adopted: HR 626. By Mr. Irvin of the 10th: A RESOLUTION Commending Mr. Donald Jackson; and for other purposes. WHEREAS, the gifts of intelligence, thought, and eloquence are real possessions for which any person may justly be proud; and THURSDAY, FEBRUARY 7, 1974 1345 WHEREAS, Donald Jackson possesses those gifts to an extent which compels attention, respect and admiration; and WHEREAS, Donald Jackson has complimented and expressed his love and admiration for this State and this Republic in these words, "I must confess I will ever be grateful to the Almighty God to be in a nation of strength, opportunity and beauty beyond that of any other nation, and to be in the position to help many less fortunate than I"; and WHEREAS, it is only fitting and proper that the House of Rep resentatives likewise recognize Donald Jackson for his talents and devotion to the principles of democracy; and WHEREAS, Donald Jackson has been named first place winner in the State Voice of Democracy competition. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Mr. Donald Jackson is commended and congratulated upon his selection as winner of the State Voice of Democracy competition, and, further, is extended our best wishes for his selection as winner of the National Voice of Democracy competition. 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 Mr. Donald Jackson. The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto: HR 469-1346. By Mr. Walker of the 100th: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Macon County to impose a county registration fee on each motor vehicle registered in said County and to use the proceeds of such fee for the payment of obligations incurred in connection with the construction of a countywide general hospital and related facilities; and for other purposes. The following Senate amendment was read: The Committee on County and Urban Affairs offers to amend HR 469-1346 as follows: By inserting in the title, in line 6 on page 1, between the word "con struction" and the word "of" the following: 1346 JOURNAL OF THE HOUSE, "and/or operation". Mr. Walker of the 100th moved that the House agree to the Senate amend ment to HR 469-1346. On the motion, the ayes were 140, nays 0. The motion prevailed and the Senate amendment to HR 469-134 was agreed to. Mr. Harris of the 51st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: HB 1284. By Mr. Harris of the 51st: A Bill to be entitled an Act to amend Code Chapter 27-9, relating to bail, as amended, so as to provide for release prior to trial of persons charged with certain offenses; to provide for conditions of release; to provide for appeal from conditions of release; to provide for release in cases involving certain major crimes and after conviction; to provide penalties for failure to appear; 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. Bailey Beckham Bennett Berlin Bohannon Bond Brantley, H. H. Bray Brown, B. D. Burton Carrell Collins, M. Collins, S. Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Egan Elliott Parrar Ployd, L. R. Fraser Geisinger Gignilliat Greer Harden Harris, J. R. Hill, G. Horton, W. L. Hutchinson Irvin, R. Irwin King Knight Lambert Lane, Dick Larsen, G. K. Lee Levitas Lowrey Mason Matthews, C. McDonald Miles Noble Ritchie Rogers Ross Russell, J. Russell, W. B. Sams Savage Shanahan Sweat Thompson Townsend Tucker THURSDAY, FEBRUARY 7, 1974 1347 Those voting in the negative were Messrs. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Alien Berry Blackshear Brown, C. Brown, S. P. Buck Carlisle Carr Castleberry Chance Clark Cole Coleman Colwell Coney Connell Dent Dickey Dorminy Duke Evans Foster Grahl Grantham Harrington Harris, J. F. Harrison Hawes Hays Hill, B. L. Howard Howell Hudson Irvin, J. Jessup Johnson Jones Lane, W. J. Lewis Mauldin McDaniell McKinney Milford Moyer Mulherin Mullinax Nessmith Nix Northcutt Oxford Patten, G. C. Patterson Peters Phillips, G. S. Pinkston Rainey Roach Rush Snow Stephens Strickland Toles Triplett Turner Twiggs Waddle Walker Wall Ware Whitmire Williams Wood Those not voting were Messrs.: Atherton Bostick Brantley, H. L. Burruss Busbee Daugherty Dean, J. E. Dollar Edwards Ellis Ezzard Floyd, J. H. Groover Hamilton Hatcher Horton, G. T. Jordan Karrh Keyton Kreeger Larsen, W. W. Logan Marcus Matthews, D. R. McCracken Morgan Odom Patten, R. L. Pearce Petro Phillips, L. L. Reaves Shepherd Smith, J. R. ' Smith, V. B. Thomason Vaughn Wamble Wheeler, B. Wheeler, J. A. Willis Wilson, J. M. Wilson, M. L. Mr. Speaker On the motion, the ayes were 60, nays 76. The motion was lost and the House refused to reconsider its action in failing to give the requisite constitutional majority to HB 1284. 1348 JOURNAL OF THE HOUSE, Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 995. By Mr. Brown of the 67th: A Bill to be entitled an Act to amend Code Title 56, the Georgia Insur ance Code, as amended, so as to provide that accident and sickness insurance policies delivered after a certain date in this State shall pro vide coverage for newborn children from the moment of birth; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To be entitled an Act to amend the Georgia Insurance Code Title 56, relating to insurance, so as to require inclusion in all individual and group health insurance policies providing coverage on an expense in curred basis and in all individual and group service or indemnity type contracts issued by a nonprofit corporation which provide coverage for a family member of the insured or subscriber of coverage of injury or sickness of newly born children; to define terms; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. The Georgia Insurance Code, Code Title 56, relating to insurance, is hereby amended by adding at the end of Code Chapter 56-24, relating to contracts of insurance, a new Section to be designated Code Section 56-2441 which shall read as follows: "56-2441. (a) All individual (Code Chapter 56-30) and group (Code Chapter 56-31) health insurance policies providing coverage on an expense incurred basis and individual and group service or indemnity type contracts issued by a nonprofit corporation (Code Chapters 56-17 and 56-18) which provide coverage for a family member of the insured or subscriber shall, as to such family mem bers' coverage, also provide that the health insurance benefits ap plicable for children shall be payable with respect to a newly born child of the insured or subscriber from the moment of birth. "(b) The coverage for newly born children shall consist of coverage of injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities, but need not include benefits for routine well-baby care. "(c) If payment of a specific premium or subscription fee is THURSDAY, FEBRUARY 7, 1974 1349 required to provide coverage for a child, the policy or contract may require that notification of birth of a newly born child and pay ment of the required premium or fees must be furnished to the insurer or nonprofit service or indemnity corporation within 31 days after the date of birth in order to have the coverage continue beyond such 31 day period. "(d) The requirements of this section shall apply to all insurance policies and subscriber contracts delivered or issued for delivery in this state on or after November 1, 1974." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. . Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Karrh King Knight Kreeger 1350 Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Le vitas Lewis Logan Lowrey Mason Matthews, C. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mull'inax Nessmith Nix JOURNAL OP THE HOUSE, Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Bond Bostick Bray Brown, B. D. Dean, J. E. Dollar Ezzard Gignilliat Hays Hill, B. L. Horton, G. T. Irwin Jordan Keyton Larsen, W. W. Marcus Matthews, D. R. Petro Phillips, G. S. Smith, V. B. Snow Twiggs Vaughn Willis Mr. Speaker On the passage of the Bill, by substitute, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1292. By Messrs. Carlisle and Brown of the 67th, Northcutt of the 68th, Bailey and Johnson of the 68th: A Bill to amend Code Section 68-201 relating to registration of motor vehicles and chauffeurs, as amended, so as to make certain exemptions for motorized carts; and for other purposes. THURSDAY, FEBRUARY 7, 1974 1351 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 103, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 1597. By Mr. Busbee of the 114th: A Bill to be entitled an Act to amend the Natural Resources Act of 1973, so as to authorize the State of Georgia to make grants under certain circumstances; and for other purposes. The report of the Committee, which was favorable to the 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 Bennett Berlin Berry Blackshear Bohannon Bond 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 Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H t Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. 1352 Irwin, J. R. Jessup Johnson Jones Jordan Karrh Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford JOURNAL OF THE HOUSE, Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Thomason Thompson Toles Triplett Tucker Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Adams, Marvin Brown, B. D. Busbee Colwell Dean, J. E. Dixon Dollar Ezzard Hill, G. . Howell Keyton King Lambert Marcus Petro Smith, V. B. Sweat Townsend Twiggs Willis Mr. Speaker On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite Constitutional majority, was passed. HB 1607. By Messrs. Johnson of the 68th, Bray of the 66th, Morgan of the 70th and others: A Bill to be entitled an Act to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to change the time within which a hearing shall be conducted in the event a child is not in deten tion; and for other purposes. THURSDAY, FEBRUARY 7, 1974 1353 The following amendment was read and adopted: Mr. Harris of the 51st moves to amend HB 1607 as follows: By striking from line 18, page 1, the figure "30" and inserting the figure "60". 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 Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. F. Harrison Hatcher Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Karrh King Knight Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Nessmith Nix Noble 1354 Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross JOURNAL OP THE HOUSE, Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Sweat Thompson Toles Triplett Tucker Turner Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Voting in the negative was Mr. J. R. Irwin. Those not voting were Messrs.: Adams, Marvin Burruss Chance Colwell Coney Daugherty Dollar Floyd, J. H. Groover Hamilton Harris, J. R. Hawes Hill, G. Jordan Keyton Lambert Larsen, G. K. Mason McDonald Mullinax Patten, G. C. Petro Phillips, G. S. Smith, V. B. Strickland Thomason Townsend Twiggs Ware Willis 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 amended. The Speaker Pro Tempore assumed the Chair. 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 1070. By Messrs. Dorminy of the 115th and Larsen of the 27th: A Bill to be entitled an Act to provide for a comprehensive soil erosion and sediment control program; and for other purposes. THURSDAY, FEBRUARY 7, 1974 1355 The following Committee substitute was read: A BILL To be entitled an Act to provide for the establishment and imple mentation of a Statewide comprehensive soil erosion and sediment con trol program to conserve and protect land, water, air and other resources of the State; to provide that certain land-disturbing activities may not be carried out without a permit; to provide for the issuance of permits and the conditions under which such permits shall be issued; to provide for certain exceptions; to provide the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act shall be known and may be cited as the "Erosion and Sedimentation Act of 1974." Section 2. It is hereby found that soil erosion and sediment deposi tion onto lands and into waters within the watersheds of this State are occurring as a result of widespread failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement and construction activities, and that such erosion and sediment deposi tion result in pollution of state waters and damage to domestic, agricul tural, recreational, fish and wildlife, and other resource uses. It is, therefore, declared to be the policy of this State and the intent of this Act to strengthen and extend the present erosion and sediment control activities and programs of this State and to provide for the establish ment and implementation of a Statewide comprehensive soil erosion and sediment control program to conserve and protect land, water, air and other resources of the State. Section 3. Unless the context otherwise requires, the following terms, as used in this Act, are defined as follows: (a) "Land-disturbing activity" means any land change which may result in soil erosion from water or wind and the movement of sediments into State water or onto lands within the State, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land, other than federal lands, except that the term shall not include the following: (1) "surface mining", as same is defined in subsection (a) of Section 3 of the "Georgia Surface Mining Act of 1968" (Ga. Laws 1968, p. 9), as amended; (2) such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion; (3) the construction of single-family residences when such 1356 JOURNAL OF THE HOUSE, are constructed by or under contract with the owner for his own occupancy; (4) agricultural practices involving the establishment, cultiva tion or harvesting of products of the field or orchard, forestry land management practices, farm ponds, dairy operations, and livestock and poultry management practices; (5) any project carried out under the technical supervision of the Soil Conservation Service of the United States Department of Agriculture. (b) "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, State agency, municipality or other political subdivision of this State, any interstate body, or any other legal entity. (c) "Erosion and sediment control plan" or "plan" means a plan for the control of soil erosion and sediment resulting from a landdisturbing activity. (d) "State waters" means any and all waters, public or private, on the surface of the ground, including intermittent streams, which are contained within, flow through or border upon the State or any portion thereof. (e) "Committee" means the State Soil and Water Conservation Committee. (f) "Division" means the Division of Environmental Protection of the Department of Natural Resources. (g) "District" means any one of the Soil and Water Conservation Districts of the State of Georgia. (h) "Soil and Water Conservation District approved plan" means an erosion and sediment control plan approved in writing by a Soil and Water Conservation District. (i) "Issuing Authority" shall mean the governing authority of any county or municipality which has in effect the ordinance provided for in Section 5, and the Division in those instances where an application for a permit is submitted to the Division in those instances wherein such ordinances are not in effect. Section 4. The rules and regulations, ordinances or resolutions adopted pursuant to the provisions of this Act, provided for hereinafter, for the purpose of governing land-disturbing activities shall require as a minimum that: (1) Stripping of vegetation, regrading and other development THURSDAY, FEBRUARY 7, 1974 1357 activities shall be conducted in such a manner so as to minimize erosion. (2) Cut-fill operations must be kept to a minimum. (3) Development plans must conform to topography and soil type so as to create the lowest possible erosion potential. (4) Whenever feasible, natural vegetation shall be retained, protected and supplemented. (5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum. (6) Disturbed soil shall be stabilized as quickly as practicable. (7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development. (8) Permanent vegetation and structural erosion control mea sures must be installed as soon as practicable. (9) Sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. (10) Adequate provisions must be provided to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills. (11) Cut and fills may not endanger adjoining property. (12) Fills may not encroach upon natural water courses or con structed channels. (13) Grading may not be accomplished so as to divert water onto the property of another property owner without the written consent of the property owner. (14) Dust abatement procedures must be employed during all grading operations. (15) Grading equipment may not cross live streams except by the means of bridges or culverts. Section 5. Within one year after the effective date of this Act, the governing authority of each county and each municipality shall adopt a comprehensive ordinance establishing the procedures governing land- disturbing activities which are conducted within their respective bound aries. Such ordinances shall contain provisions which meet those mini mum requirements set forth in Section 4 of this Act. Each ordinance 1358 JOURNAL OF THE HOUSE, within 15 days after enactment shall be forwarded to the Division for review by the Division and the Committee in order to determine that such ordinance meets those minimum requirements set forth in Section 4 of this Act. No ordinance shall become effective until 15 days after the governing authority adopting such ordinance shall receive written notice from the Division that such ordinance has received the approval of the Division and the Committee and meets those minimum require ments set forth in Section 4. Section 6. The Division, by appropriate rules and regulations, shall adopt the procedures governing land-disturbing activities which are conducted in those counties and municipalities which fail to adopt the necessary ordinances provided for in Section 5 of this Act. Such rules and regulations shall be adopted with the advice and consent of the Committee and shall contain provisions which meet those minimum requirements set forth in Section 4 of this Act. Section 7. No land-disturbing activities shall be conducted in this State, except those land-disturbing activities provided for in Section 11, without first securing the permit required herein. In those counties and municipalities which have adopted and shall have in force and effect the approved ordinances provided for in Section 5, the application for such permit shall be made to and the permit shall be issued by the gov erning authority of the county wherein such land-disturbing activities are to occur in the event such activities will occur outside the corporate limits of a municipality; and in those instances where such activities will occur within the corporate limits of any municipality, the applica tion for such permit shall be made to and the permit shall be issued by the governing authority of -the municipality in which such land-disturb ing activities are to occur. In those counties and municipalities wherein no such ordinance is in force and effect, the application for such permit shall be made to and the permit shall be issued by the Division. In each instance, no permit shall be issued unless the erosion and sediment control plan shall be approved by the appropriate District as is required by Section 9. Section 8. Applications for permits shall be submitted in ac cordance with the provisions of this Act, the rules and regulations, ordinances and resolutions adopted in pursuance thereof. Such applica tions shall be accompanied by the applicant's erosion and sediment control plans and by such supportive data as will affirmatively demonstrate that the land-disturbing activity proposed will be carried out in such a manner that the minimum requirements required by this Act shall be met. No permit shall be issued to any applicant unless the issuing authority shall affirmatively determine that the plan embracing such activities meets such requirements. Permits shall be issued or denied within 45 days after the application thereof is filed with the issuing authority. Section 9. Immediately upon receipt of an application for a permit, the application and plan for sediment and erosion control shall be re ferred to the appropriate District wherein such land-disturbing activities are propsed to take place for its review and recommendations concern ing the adequacy of the erosion and sediment control plan proposed by the applicant. THURSDAY, FEBRUARY 7, 1974 1359 Section 10. Within the time specified by Section 8, the issuing au thority shall issue or deny the permit. The issuing authority shall, upon denial of a permit, state its reasons for the denial setting forth specifi cally wherein such application is found to be deficient. Any land-disturb ing activity permitted under this Act shall be carried out in accordance with the provisions of this Act, the ordinance, resolution, or rules and regulations adopted and promulgated pursuant to this Act. The issuing authority shall specify on the permit the conditions under which the activity may be undertaken. No land-disturbing activity subject to the provisions of this Act shall be undertaken or conducted by any person without the permit first having been issued. Said permit may be sus pended, revoked or modified by the issuing authority upon a finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance, resolution, rule or regu lation adopted or promulgated pursuant to this Act. Section 11. A permit for land-disturbing activities to be conducted by any governmental agency shall not be required. Section 12. The Division, Committee and Soil and Water Conserva tion Districts are authorized to employ additional personnel and technically trained inspectors as may be necessary for implementation and enforcement of the soil erosion and sediment control program pro vided for herein. Said Division, Committee and Districts are further authorized to contract with and to enter into cooperative agreements with counties, municipalities, the Soil Conservation Service of the United States Department of Agriculture, or other Federal or State agencies or subdivisions having technically trained personnel, for as sistance in carrying out the provisions of the Act. Section 13. Any person aggrieved by a decision or order of the issuing authority, after exhausting his administrative remedies, shall have the right to appeal de novo to the Superior Court of the county wherein such land-disturbing activities are proposed to occur. . Section 14. This Act shall become effective on July 1, 1975. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendments were read and adopted: Mr. Phillips of the 103rd moves to amend the Committee Substitute to HB 1070 as follows: By deleting line 29 of page 2 and substituting in lieu thereof the following: "and livestock and poultry management practices, and the con struction of farm buildings." 1360 JOURNAL OF THE HOUSE, By deleting line 33 of page 2 and substituting in lieu thereof the following: "Agriculture; (6) any project involving land change to five acres or less or the movement of not more than 500 cubic yards of land; provided, however, this exemption should not apply to any land disturbing activity within 200 feet of the bank of any major stream or river which drains at least a land area of 100 square miles." Mr. Phillips of the 103rd moves to amend Committee Substitute to HB 1070 as follows: By deleting Section 4 of page 3, 4, and 5 and substituting in lieu thereof the following: "Section 4. The rules and regulations, ordinances or resolu tions adopted pursuant to the provisions of this Act, pro vided for hereinafter, for the purpose of governing land-disturbing activities shall require as a minimum that: (1) Stripping of vegetation, regrading and other development activities shall be conducted in such a manner so as to minimize erosion. (2) Cut-fill operations must be kept to a minimum. (3) Development plans must conform to topography and soil type so as to create the lowest practical erosion potential. (4) Whenever feasible, natural vegetation shall be retained, protected and supplemented. (5) The disturbed area and the duration of exposure to ero sive elements shall be kept to a practicable minimum. (6) Disturbed soil shall be stabilized as quickly as practicable. (7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development. (8) Permanent vegetation and structural erosion control measures must be installed as soon as practicable. (9) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. (10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills. THURSDAY, FEBRUARY 7, 1974 1361 (11) Cuts and fills may not endanger adjoining property. (12) Fills may not encroach upon natural water courses or constructed channels in a manner so as to adversely affect other property owners. (13) Grading equipment must cross flowing streams by the means of bridges or culverts except when such methods are not feasible and provided, in any case, that such crossings are kept to a minimum." Mr. Phillips of the 103rd moves to amend Committee Substitute to HB 1070 as follows: By deleting lines 13, 14, 15, 16, 17, 18 inclusive on page 5 and sub stituting in lieu thereof the following: "Section 4 of this Act. The Division shall notify the governing authority that the ordinance has either met the minimum require ments set forth in Section 4 of this Act or that the ordinance has failed to meet such requirements, as determined by the Division in conjunction with the Committee." By deleting lines 22 and 23 on page 5 and substituting in lieu thereof the following: "counties and municipalities which do not have in effect an ordinance approved by the Division in conjunction with the Com mittee, as provided for in Section 5 of this Act." Mr. Phillips of the 103rd moves to amend Committee Substitute to HB 1070 as follows: By striking in their entirety lines 30 through 32 of page 6 and substituting in lieu thereof the following: "requirements. Permits shall be issued or denied as soon as practicable after the application therefore is filed with the issuing authority, but in any event not later than 30 days." An amendment, offered by Mr. Brantley of the 22nd, was read and lost. The following amendment was read and adopted: Messrs. Brown and Coney of the 89th move to amend the Committee substitute to HB 1070 by adding to the end of Section 5, page 5, the following: "Provided, however, that the local governing authorities shall 1362 JOURNAL OF THE HOUSE, have the authority, by such ordinance, to delegate, in total or in part, the responsibility of the governing authorities as set forth in this Act, to any constitutional or statutory local planning and zoning commission.". An amendment, offered by Mr. Twiggs of the 4th, was read and lost. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Coleman Collins, M. Collins, S. 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 Ezzard Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L, Howard Howell Hudson Hutchinson Irvin,R. Jessup Johnson Jordan Karrh Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus THURSDAY, FEBRUARY 7, 1974 1363 Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Morgan 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 Ross Rush Russell, J. Russell, W. B. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Turner Vaughn Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood Those voting in the negative were Messrs. Brantley, H. H. Colwell Irwin, J. R. King Mulherin Sams Tucker Twiggs Those not voting were Messrs.: Burruss Cole Dollar Farrar Floyd, J. H. Foster Harden Irvin, J. Jones Keyton Knight Lambert McDonald Moyer Rogers Townsend Ware Willis Wilson, M. L. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 8. The Bill, having received the requisite constitutional majority, was passed," by substitute, as amended. Mr. McDonald of the 12th stated that he had been called from the floor of the House when the roll was called on the passage of HB 1070, by substitute, as amended, but had he been present would have voted "aye". 1364 JOURNAL OP THE HOUSE, The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by Substitute by the requisite constitutional majority the following Bill of the House, to-wit: HB 1321. By Mr. Collins of the 122nd: A Bill to amend an Act relating to the sale of flue-cured leaf tobacco in this State, so as to further define the intent and purpose of said law; to provide additional conditions upon which licenses may be granted, suspended, or revoked; to provide for the orderly marketing of leaf tobacco by allocation of sales opportunity. The Speaker announced the House in recess until 1:15 o'clock, P.M., this day. AFTERNOON SESSION The Speaker Pro Tempore called the House to order. Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration: HB 709. By Messrs. Levitas of the 50th, Brown of the 34th, Patten of the 123rd and others: A Bill to be entitled an Act to create the Georgia Development Authority for Housing Finances; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to create an Authority to be known as the Georgia Residential Finance Agency; to provide for a short title; to provide for legislative findings and a declaration of public necessity; to provide for definitions; to provide for the membership of the Au thority; to provide for the terms of office, powers and duties, and compensation of members of the Authority; to prohibit funds of the Authority from inuring to the benefit of members or officers of the Authority or private persons except when in furtherance of the cor- THURSDAY, FEBRUARY 7, 1974 1365 porate purpose of the Authority; to provide for the powers and duties of the Authority; to provide for loans from the Authority; to provide for the purchase of mortgages by the Authority; to create, establish and provide for the operation of a residential development fund; to create, establish and provide for the operation of a land acquisition and development fund; to provide for the issuance of revenue bonds by the Authority; to provide that the credit of the State shall not be pledged for the payment of bonds issued by the Authority; to provide that the monies received by the Authority shall be deemed to be trust funds; to authorize the Authority to pledge assets, funds, and proper ties; to provide for a capital reserve fund; to provide for a general reserve fund; to provide for tax exemptions; to provide for audits; to provide for the consequence of the termination or dissolution of the Authority; to provide penalties; to provide for severability; to provide an effective date; to repeal a specific statute; to provide for other mat ters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short Title. This Act shall be known and may be cited as the "Georgia Residential Finance Agency Act." Section 2. Legislative Findings and Declaration of Public Neces sity. (a) It is hereby found, determined, and declared: (1) that there continues to exist in the State a seriously in adequate supply of and a critical need for safe and sanitary dwelling accommodations within the financial means of families and persons of low or moderate incomes; (2) that the aforesaid shortage of decent dwelling accommoda tions 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 con tributes substantially and increasingly to the spread of disease and crime, impairs economic values, necessitates excessive and dis proportionate expenditure of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other services, substantially impairs or arrests the second growth of municipalities, aggravates traffic problems, and pro motes juvenile delinquency and other social ills; (3) that slum areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons and families of low or moderate incomes be relieved, through the ordinary operation of private enterprise, and therefore the construction or rehabilitation of housing for such persons would not be competitive with private enterprise; (4) that in order to encourage the investment of private capital 1366 ' JOURNAL OF THE HOUSE, and to encourage private enterprise to build and rehabilitate such housing so as to alleviate slum conditions and improve the health, safety, convenience and welfare of the citizens of the State, pro vision should be made for mortgage loans at low interest rates to housing sponsors, which, subject to regulation as to rents, profits, dividends and disposition of their property, construct and rehabili tate dwelling accommodations, and other facilities incidental or appurtenant thereto, for such families and persons of low and moderate incomes. Accordingly, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience and welfare, to assist in providing housing for such low or moderate income families and persons who would otherwise be unable to obtain adequate dwellings which they could afford and to acquire land for present or future development of such housing. (b) It is further found and declared that the creation of the Au thority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State and is a public purpose within the provisions of the Constitution of the State of Georgia in that the development and stimulation of trade and commerce in the housing industry of this State is vital to the public welfare, creates employment opportunities, and lessens unemployment and underem ployment both in the home construction and real estate industry, and that an adequate supply of money with which to finance safe and sanitary dwelling accommodations for the people of Georgia is neces sary to the health of the people of the State. Section 3. Definitions. The following words and terms shall have the meaning indicated unless the context shall clearly indicate a dif ferent meaning: (a) "Authority" shall mean the "Georgia Residential Finance Agency" created by Section 4 of this Act. / (b) "Bonds" shall mean the bonds issued by the Authority, and such bonds shall be general obligations of the Authority. (c) "Community Facilities" shall mean the land, buildings, im provements and equipment for such recreational, community, educational, and commercial facilities as the Authority determines improve the quality of the residential development for eligible persons and families. (d) "Eligible Persons and Families" shall mean: (1) Persons and families in this State who do not have suf ficient income to afford to pay the amounts at which private enter prise, without federally aided mortgages or state aided mortgages, is providing a substantial supply of decent, safe and sanitary hous ing and who satisfy income limitations set by the Authority in its rules; or THURSDAY, FEBRUARY 7, 1974 1367 (2) Persons and families in this State who because of their age or physical disability or the age or physical disability of the head of their household, as determined by the rules of the Au thority, are in need of residential housing in a special location or of a special design, or are in need of sanitary, decent and safe resi dential housing; or (3) Persons and families in this State for whom, as determined by the rules of the Authority, construction of new or rehabilitated residential housing in some designated area or areas of this State outside the Standard Metropolitan Statistical Areas is necessary for the purpose of retaining in, or attracting to, such area or areas qualified manpower resources essential to industrial and commercial operations and development in such area or areas. (e) "Development Costs" shall mean the total of all costs incurred in the development of a housing development or housing unit, which are approved by the Authority as reasonable and necessary, which costs shall include, but not necessarily be limited to the following: 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; fees for architectural, engineering, legal, accounting, and other services paid or payable in connection with the planning, execution and financing of the housing development; cost of necessary studies, surveys, plans and permits; cost of insurance, interest, financing, tax, assessments and other operating and carrying costs during construction; cost of construction, rehabilitation, reconstruction, fixtures, furnishings, equipment, ma chinery and apparatus related to the real property; cost of land improve ments, including without being limited to, landscaping and off-site im provements, whether or not any such .cost has been paid in cash or in a form other than cash; necessary expenses in connection with initial occupancy of the housing development; 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 re serves, and reserves for any anticipated operating deficits during the early years of occupancy; and the cost of such other items, including tenant relocation, as the Authority shall determine to be reasonable and necessary for the development of the housing development. (f) "Federally Aided Mortgage" shall mean a below-market-interest-rate mortgage insured, purchased or held by the Secretary of Hous ing and Urban Development; or a market-interest-rate mortgage in sured by the Secretary of Housing and Urban Development and aug mented by a program of assistance payments; or a mortgage receiving interest reduction payments provided 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 con tains a significant element of multi-family housing for eligible persons and families and related community facilities. 1368 JOURNAL OF THE HOUSE, (h) "Housing Project" shall mean a specific work or improvement, 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 accommodations, 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 constructing nonresidential housing improvements, including, but not limited to, 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. (j) "Lending Institution" shall mean any bank or trust company, savings and loan association, savings bank, insurance company, or mortgage banker or mortgage broker authorized to deal in mortgages insured by an agency of the United States Government. Such lending institution shall have a principal office and place of business in Georgia and shall be authorized to do business in Georgia. (k) "Limited-Profit Entity" shall mean an individual, joint venture, 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 incorporation or comparable documents of organiza tion or a written agreement with the Authority which, in addition to other requirements established by the Authority, provides for regula tions with respect to rents, profits, distributions, and dispostion of property or franchises in accordance with the rules of the Authority. (1) "Mortgage" shall mean a 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. "Real property" as used in this subsection shall include air rights which have been sold or leased separately from the underlying ground rights. (m) "Nonprofit Housing Corporation" shall mean a nonprofit cor poration incorporated pursuant to the provisions of the Georgia Non profit Corporation Code (Ga. Laws 1968, p. 565), as amended, and having articles of incorporation which meet criteria established by the Authority in its rules. (n) "Notes" shall mean the notes issued by the Authority, and such notes shall be general obligations of the Authority. (o) "Qualified Housing Sponsor" shall mean a nonprofit housing corporation, a limited-profit entity as described in this Section, or any other entity, whether organized for profit or not, meeting criteria THURSDAY, FEBRUARY 7, 1974 1369 established by the Authority which has undertaken to provide housing which will be available for sale or rent to eligible persons and families. (p) "State Aided Mortgage" shall mean a mortgage loan for hous ing for eligible persons and families assisted under the provisions of this Act. Section 4. Creation and Organization. There is hereby created a body corporate and politic to be known as the Georgia Residential Finance Agency, which shall be deemed an instrumentality of the State of Georgia. Section 5. (a) Members of the Authority. The Authority shall be composed of nine (9) members as follows: five permanent members who shall be the Commissioner of Community Development, the Com missioner of Human Resources, the State Auditor, the Director of the Office of Planning and Budget, and the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commission, and four (4) public members to be appointed by the Gov ernor and confirmed by the Senate. The public members shall include representatives of the home-building and mortgage lending industries. No more than one of the public members shall be a resident of any one Congressional District in this State. Two of the public members shall reside outside of the Standard Metropolitan Statistical Areas of the State, and two of the public members shall reside within the Standard Metropolitan Statistical Areas of the State. The Director of the State Office of Housing shall be an ex-officio, nonvoting member of the Authority. Two (2) of such public 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 successors have been appointed and qualified. In the event of a vacancy in the office of such public member by death, resignation or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term subject to confirmation by the Senate. The Authority shall elect a Chairman, who shall be chief executive officer of the Authority, and a Secretary. The members of the Au thority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real estate develop ment. The Executive Director shall become an ex-officio nonvoting member of the Authority and may be elected Secretary of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Au thority. A majority of the members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the Authority. 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, 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 expenses 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 1370 JOURNAL OP THE HOUSE, Authority during any one fiscal year. The permanent members shall be compensated only for actual expenses. (b) The Authority shall make necessary rules and regulations for its own government. (c) No part of the funds of the Authority shall inure to the benefit of or be distributed to its members or officers or other private persons except that the Authority shall be authorized and empowered to pay reasonable compensation, other than to the members, including the Chairman, for services rendered and to make loans and exercise its other powers in furtherance of its corporate purpose. No such loans shall be made, and no property shall be purchased or leased from, or sold, leased, or otherwise disposed of, to any member or officer of the Authority. Section 6. (a) Powers of the Authority. Except as otherwise limited by this Act, the Authority shall have the power: (1) to sue and be sued; (2) to have a seal and alter the same at its pleasure; (3) to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this Act; (4) to make and alter bylaws for its organization and internal management; (5) to acquire, hold and dispose of real and personal property for its corporate purposes; (6) to appoint officers, agents and employees, prescribe their duties and qualifications and fix their compensation; (7) to borrow money and to issue notes, bonds and other obligations, subject to the approval of the Georgia State Financing and Investment Commission, and to provide for the rights of the lenders or holders thereof; (8) to make loans, the repayment of which are secured by mortgages or security interests, to participate in the making of secured loans, to undertake commitments to make secured loans, to acquire, and contract to acquire, mortgages or participations therein owned by lending institutions, the Federal National Mortgage Association or any federal or State agency, and to enter into advance commitments to such organizations for the purchase of said mortgages or participations; (9) to sell mortgages and security interests at public or private sale, to negotiate modifications or alterations in mortgages and THURSDAY, FEBRUARY 7, 1974 1371 security interests, to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, con tract or other agreement, and to bid for and purchase property which was the subject of such mortgage or security interest, at any foreclosure or at any other sale, to acquire or take possession of any such property, and in the event that the Authority takes possession of any such property, to complete, administer, pay the principal and interest of any obligations incurred in connection with such property, operate, manage, lease, dispose of, and otherwise deal with, such property, in such manner as may be necessary or desir able to protect the interests of the Authority and the holders of its notes, bonds, and other obligations; (10) to collect fees and charges in connection with its loans, commitments and servicing including but not limited to reimburse ment of costs of financing as the Authority shall determine to be reasonable and as shall be approved by the Authority; (11) to make and execute contracts for the servicing of mort gages 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 contracts; (12) to encourage research in, and demonstration projects to develop, new and better techniques and methods for increasing the supply of housing for eligible persons and families; (13) 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; (14) subject to any agreement with bondholders, to invest monies of the Authority not required for immediate use, including proceeds from the sale of any bonds, in obligations of the United States of America or obligations the principal and interest of which are guaranteed by the United States of America, or in certificates of deposit or time deposits secured in such manner as the Authority shall determine, or in obligations which are eligible as security for the investment of trust funds under the rules and regulations of the Federal Reserve Board, and to provide for the sale of any such investment and for the reinvestment of the proceeds thereof; (15) 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; and to sell, assign, exchange, transfer, convey, lease, mortgage or otherwise dispose of or encumber the same. Noth ing in this Act shall be deemed to impede the operation and effect of local zoning, building and housing ordinances or ordinances relat ing to subdivision control, land development, fire prevention or other ordinances having to do with housing or the development thereof; 1372 JOURNAL OF THE HOUSE, (16) to invest any monies held in reserve or sinking funds not required for immediate use or disbursement at the discretion of the Authority in obligations of the United States, and obligations the principal and interest of which are guaranteed by the United States, maturing no longer than 12 months from date of purchase, and to provide for the sale of any such investment and for the reinvestment of the proceeds thereof; (17) to make and adopt rules necessary to carry out the pur poses of this Act; (18) 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 and limited-profit entities and the dis position of the property and franchises of such corporations and entities; (19) to procure insurance against any loss in connection with its property and other assets; (20) to participate in the making of or to make loans to mortgagees and to take collateral approved by the Authority as security for such loans, provided that the Authority shall first obtain such written assurances as shall be satisfactory to it that the proceeds of such loans will be used, as nearly as practicable, for the making of or investment in residential housing for occupancy by eligible persons and families or that other monies in an amount approximately equal to such proceeds shall be committed and used for such purpose; (21) to provide technical, consultative and project assistance services to the State, political subdivisions of the State and local governing authorities and to enter into contracts with the State, political subdivisions of the State and local governing authorities to provide such services. The State, political subdivisions of the State and local governing authorities are hereby authorized to enter into contracts with the Authority for such services and to pay for such services as may be provided them; (22) to provide advisory, consultative, technical, training, and educational services to existing or potential qualified housing spon sors; (23) to undertake and carry out studies and analyses of hous ing needs within the State and ways of meeting such needs; (24) to lease real or personal property and to accept federal funds for and participate in programs of leased public housing pur suant to Section 10 or 23 of the United States Housing Act of 1937, as amended; (25) to act as a housing authority for a city or county in THURSDAY, FEBRUARY 7, 1974 1373 accordance with the provisions of the "Housing Authorities Law" (Ga. Laws 1937, p. 210), as amended, when requested to so act by resolution of the governing authority of the city or county; (26) to do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this Act. (b) The Authority shall not have the power of eminent domain, except as provided in Section 6 (a) (25). (c) The Authority shall adopt and promulgate rules which establish income limitations for eligible persons and families for the purpose of Section 3 (d) (1) of this Act. Section 7. Loans, (a) The Authority may make loans to qualified housing sponsors or public bodies or agencies for the construction or rehabilitation of such housing developments as in the judgment of the Authority have promise of supplying on a rental, cooperative, or home ownership basis, adequately designed housing for eligible persons and families. Such loans may be for development costs and construction financing and, in the case of nonprofit housing corporations limitedprofit entities and public bodies or agencies, may also be for 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. The ratio of loan amount to development cost and the amortization period of loans made by the Authority under the provisions of this subsection shall be determined in accordance with rules promulgated and published by the Authority. (b) The Authority may make loans to qualified housing sponsors for the construction or rehabilitation of housing units for sale or rent to individual purchasers who are eligible persons and families as pro vided by the Authority in its rules and to any such individual purchaser for the long-term financing of a housing unit. The ratio of loan amount to development cost and the amortization period of loans made by the Authority under the provisions of this subsection shall be determined in accordance with rules promulgated and published by the Authority. (1) While such loan is outstanding, any sale of any housing unit financed by such loan by the qualified housing sponsor shall be subject to approval by the Authority and the Authority shall provide in its rules 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 the 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. (2) While such loan is outstanding, the Authority shall, prior to the approval of the sale of any such housing unit by the qualified 1374 JOURNAL OF THE HOUSE, housing sponsor, satisfy itself that such sale is to or for the benefit of eligible persons and families. (3) Upon the sale by the qualified housing sponsor of any housing unit to an individual purchaser under this subsection to whom a loan is being made by the Authority, such housing unit shall be released from the mortgage running from the qualified housing sponsor to the Authority and such mortgage may be replaced as to the housing unit by a mortgage running from the individual pur chaser to the Authority. (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) For purposes of carrying out the provisions of this Section, the Authority shall establish criteria and procedures for determining the eligibility of occupants and rentals or carrying charges, including criteria and procedures with respect to periodic review of occupant incomes and periodic adjustment of rental or carrying charges. (e) 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 income at low rentals, the Authority and a qualified housing sponsor may use devices including, but not limited to: direct rental assistance in the form of partial rent subsidy from the city, county, State or federal govern ment; allocation of lower rents to less desirable locations and apart ments with less expensive facilities; and the raising of rents for certain apartments in the development in order to lower the rents of those in the lower rent charge category. Prior to initial occupancy of each development, the Authority shall approve the number of lower rental units and the rents to be charged therefor. The number of such units and their rents may be reviewed and adjusted from time to time. (f) The Authority may make loans as permitted under the pro visions of this Section only upon the determination by the Authority that such loan is not otherwise available to eligible persons and families, wholly or in part, from private lenders upon reasonably equivalent terms and conditions. Section 8. Purchase of Mortgages, (a) With respect to the power set forth in Section 6(a) (8) to purchase mortgages or participations therein from lending institutions, the Authority may purchase mort gages from lending institutions within the State of Georgia, which shall in turn reinvest the proceeds in new residential mortgage loans made as rapidly as possible on residential real property for single and multifamily units and residential projects within the State for the benefit of eligible persons and families. A mortgage shall not be acquired under this Act unless the rate of interest on its principal obligations meets the rates of interest established by the Authority. The Authority shall establish such rates of interest taking into consideration all of the following: THURSDAY, FEBRUARY 7, 1974 1375 (1) the cost to the Authority in obtaining funds; (2) allowances to be made to a lending institution as a serv ice fee in acting as servicing agent in the administration and collec tion of the mortgage; (3) administrative costs of the Authority; (4) allowances for any necessary reserves of the Authority; and (5) rules of the Internal Revenue Service of the United States. (b) The Authority may purchase participations in mortgages from lending institutions within the State and shall make such rules as will adequately secure the Authority and its bondholders and its note holders with respect to the purchase of participations in mortgages. (c) If the Authority purchases a mortgage or a participation therein from a lending institution, the lending institution may act as servicing agent for the Authority in the collection and administration of the mortgage, subject to the rules established by the Authority under this Act. (d) The Authority shall by rule fix the amount of the fee to be paid a servicing agent for services in connection with a mortgage, in such amount as shall reimburse the servicing agent for performing such services. The amount of such fee shall be deductible from any interest payable and collected under the mortgage. (e) The Authority may make commitments to lending institutions to'purchase a mortgage or participation therein prior to the date of its execution, and a mortgage which is made by a lending institution under a prior commitment from the Authority to purchase the mortgage or a participation therein shall satisfy the requirement to reinvest the pro ceeds from the sale as quickly as possible in new residential mortgage loans for the benefit of eligible persons and families. The Authority shall establish such fees as are necessary to reimburse the Authority for the administrative costs incurred in connection with making com mitments to purchase and in purchasing mortgages or participations therein. (f) The Authority shall require as a condition of purchase of any mortgage from a lending institution that the lending institution repre sent and warrant to the Authority that: (1) the unpaid principal balance of the mortgage and the interest rate thereon have been accurately stated to the Authority and that the interest rate and all service charges in connection there with are not usurious under the laws of Georgia; 1376 JOURNAL OF THE HOUSE, (2) the amount of the unpaid principal balance is justly due and owing; (3) the lending institution has no notice of the existence of any counterclaim, offset or defense asserted by the mortgagor or his successor in interest; (4) necessary documents have been properly recorded in the county in which the real estate lies; (5) the mortgage constitutes a valid first lien on the real property described to the Authority subject only to real property taxes not yet due, installments of assessments not yet due, and easements and restrictions of record which do not adversely affect to a material degree the use or value of the real property or im provements thereon; (6) the mortgage loan when made was lawful under the Georgia law or federal law, or both, whichever governed the mak ing of the loan, and would be lawful on the date of purchase by the Authority if made by the lending institution on that date in the amount of the unpaid principal balance; (7) the mortgagor is not now in default in the payment of any installment of principal or interest, escrow funds, real property taxes or otherwise in the performance of his obligations under the mortgage documents and has not to the knowledge of the lending institution been in default in the performance of any such obliga tion for a period of longer than sixty days during the_ life of the mortgage; (8) the mortgage agreement requires that the improvements to the mortgaged real property be covered by a valid and subsisting policy of insurance issued by a responsible insurance company legally licensed and authorized to conduct and transact business in Georgia and providing fire and extended coverage to an amount not less than eighty percent of the insurable value of the improve ments to the mortgaged real property or in the amount of the mortgage, whichever the Authority may determine; (9) that the insurance coverage referred to in (8) above is in full force and effect; and (10) that monies received from the Authority will be utilized for mortgage loans to qualified housing sponsors or to eligible persons and families in Georgia; that certification by the lending institution to the effect that monies have been reloaned will be filed with the Authority pursuant to the rules of the Authority and will be available to the members of the public and to members of the General Assembly. (g) Each lending institution shall be liable to the Authority for any damages suffered by the Authority by reason of the untruth of THURSDAY, FEBRUARY 7, 1974 1377 any representation or the breach of any warranty and, in the event that any representation shall prove to be untrue when made, or in the event of any breach of warranty, the lending institution shall, at the option of the Authority, repurchase the mortgage for the original purchase price adjusted for amounts subsequently paid thereon, as the Authority may determine. (h) The Authority may require the recording of an assignment of any mortgage purchased by it from a lending institution pursuant to this Section. The Authority shall not be required to take possession of the mortgage documents if the lending institution from which the mort gage is purchased by the Authority shall enter a contract to service such mortgage and account to the Authority therefor. Section 9. Residential Development Fund, (a) There is hereby created and established under the jurisdiction and control of the Au thority a revolving fund to be known as the "residential development fund." (b) There shall be paid into such residential development fund (1) any monies appropriated and made available by the State for the purposes of such fund; (2) any monies which the Authority receives in repayment of advances made from the fund; and (3) any other monies 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 monies held in the fund to make loans at such interest rate or rates as determined by the Authority, in accordance with the provisions of this Act, to qualified housing spon sors for development costs of proposed housing projects. No advances may be made unless the Authority may reasonably anticipate that a federally aided or State aided mortgage may be obtained by the non profit housing corporation for the permanent financing of a housing project for eligible persons and families. (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 or State aided mortgage or construc tion 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 or State aided mortgage or construction loan. 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 acquisition and development fund." (b) There shall be paid into the land acquisition and development fund (1) any monies appropriated and made available by the State for the purposes of this fund; (2) any monies which the Authority receives 1378 JOURNAL OF THE HOUSE, from the sale of land originally purchased by the Authority with monies from this fund; and (3) any other monies 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 monies held in the land acquisition and development fund to purchase or contract to purchase from any person, firm, corporation, municipality, county 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, provided that such purchase has been approved in advance by the local governing authority or authorities which exercise zoning power over the property. The Authority may purchase such real property or any interest therein on land contract option or other form of deferred payment agreement, or subject to mortgages or other en cumbrances, if the Authority reserves monies in this fund or authoriza tion 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 monies held in the land acquisition and development fund to pay insurance premiums and interest and other carrying charges on real property purchased or being purchased by the Authority with monies from this fund. Notwithstanding the provisions of Section 16 of this Act, during the period when any such real property is owned by the Authority, the Authority shall make payments in lieu of all property taxes which would have been levied against such real property to all taxing jurisdictions which do not waive the right to receive such payments. The Authority is further authorized to use the monies 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 monies from this fund including, but not limited to, the costs of economic feasibility studies, land use studies, site development planning, architectural and engineering design, market analysis and all related analyses, studies and planning services. (e) Such real property or any portion thereof shall be sold by the Authority to a qualified sponsor or municipality, county or public agency for the purpose of providing housing and ancillary or related facilities for eligible persons and families at such price and on such terms and conditions as shall be determined by the Authority. Such real property, or any portion thereof, 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. In conjunction with any sales of real property, the Authority is authorized to enter into any agreements for the develop ment and improvement of such real property, including agreements whereunder the Authority shall participate in such development, im provement 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, architectural and engineering design, marketing, management, occupancy, operation and all factors related to the foregoing. THURSDAY, FEBRUARY 7, 1974 1379 (f) The Authority shall not engage in any activity associated with the purchase of real property by the land acquisition and development fund other than planning the development of such real property, enter ing into agreements for the sale of such real property, and selling such property in accordance with the provisions of subsection (e). Section 11. Revenue Bonds, (a) The Authority shall have the 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 and purchasing of mortgage loans for the construction of housing for eligible persons and families, for the rehabilitation of existing struc tures for such persons and families, and for the construction of com munity facilities appurtenant thereto as provided in this Act; the pay ment of interest on bonds of the Authority; the establishment of reserves to secure such bonds; and all other expenditures of the Authority inci dent to and necessary or convenient to carry out its corporate purposes and powers. The Authority shall not have outstanding at any one time bonds and notes for any of its corporate purposes in an aggregate principal amount exceeding 100 million dollars, excluding bonds and notes issued to refund outstanding bonds and notes. (b) The bonds of each issue shall be dated, shall bear interest at such rate or rates as shall be set by the Authority, payable semiannually, 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 resolution providing for the issuance of bonds. The bonds may be issued as serial bonds payable in annual installments or as term bonds with mandatory sinking fund provisions or as a combination thereof. (c) The Authority shall determine the form of the bonds, includ ing 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 executed in the name of the Authority by the Chairman and Secretary of the Authority and shall be sealed with the official seal of the Authority or a facsimile thereof. Coupons shall be executed in the name of the Authority by the Chairman of the Authority. The facsimile signature of either the Chairman or the Secre tary of the Authority may be imprinted in lieu of the manual signature if the Authority so directs and the facsimile of the Chairman's signature shall be used on coupons. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid notwithstanding the fact that before or after the delivery thereof such person ceased to hold such office. 1380 JOURNAL OP THE HOUSE, (e) All notes, bonds, interim receipts, interim certificates, tempo rary bonds, and other obligations issued under the provisions of this Act shall have and are hereby declared to have all the qualities 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 at public or private sale 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 requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. 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 exchange able 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 may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are speci fied 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 refund ing any bonds issued under the provisions of this Act and then outstand ing, together with accrued interest thereon. The issuance of such refund ing 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 Authority 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 protect and enforce, either at law THURSDAY, FEBRUARY 7, 1974 1381 or in equity, by suit, action, mandamus, or other proceedings, any and all rights under the laws of the State of Georgia or granted hereunder by 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 there of, 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 may be confirmed and validated, insofar as applicable, under the procedures set forth in the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended. (m) While any of the bonds issued by the Authority remain out standing, the powers, duties or existence of said Authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the 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 compete 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 constitute a contract with the holders of such bonds. (n) The bonds are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other per sons carrying on an insurance business, all banks, bankers, trust com panies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries 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. Credit of State not Pledged for Payment. Bonds and notes issued under the provisions of this Act shall not be deemed to constitute a debt of the State or a pledge of the faith or credit of the State, but such bonds and notes shall be payable so!ly from the funds hereinafter provided for, and the issuance of such bonds and notes shall not directly or indirectly obligate the State to levy or t Publications and Printing _________...____________.--__..____$ Equipment Purchases ............................................$ Per Diem and Fees ______________________,,________________________$ Computer Charges .. . $ Total Funds Budgeted ._..._.... ....._._._._.........._....... $ State Funds Budgeted .............._....._.................... $ Total Positions Budgeted 430,251 37,800 26,004 --0-- 5,000 21,500 --0-- 20,000 540,555 540,555 29 14. Water Quality Budget: Personal Services .... $ Regular Operating Expenses _______-__..________,,-_.______$ Travel ._..._..__..___......._..._._...._._._.._...._..__.._._._..._._.._......$ Motor Vehicle Equipment Purchases _..........._..$ Publications and Printing ......_.__.........._....._......_..$ Equipment Purchases ............................................^ Per Diem and Fees _.._._,,............_..... ......_...,,.. ......$ Computer Charges ___._._.........._._.....__.._..................$ Water and Sewer Grants _._._..._._..........--._.._..--_.....$ Total Funds Budgeted ....__......_._..._......_..._...__....._.$ 1,295,032 705,400 40,000 10,000 7,000 30,000 --0-- 30,000 2,000,000 4,117,432 1690 JOURNAL OF THE HOUSE, State Funds Budgeted ____.__________...-____-.........___.___._.$ 2,872,432 Total Positions Budgeted 94 15. Air Quality Budget: Personal Services __.____.______________._..__..____._.____________.$ Regular Operating Expenses ______________________________$ Travel ______________________________________________________________________ $ Motor Vehicle Equipment Purchases ____._..._...._.$ Publications and Printing __________________..___._______.___.$ Equipment Purchases _______----------,,___-.--_______.___.$ Per Diem and Fees ........... $ Computer Charges ___....._.__.___........._._..,,___._._.____,,..$ Total Funds Budgeted .._..-___.__._._.____.......-....._.._$ State Funds Budgeted .-..___.___.___.____--_._.-- .._...__....$ Total Positions Budgeted 1,004,967 64,300 54,000 --0-- 3,000 41,774 --0-- 35,000 1,203,041 703,041 77 16. Solid Waste Management Budget: Personal Services ________.,,.....___,,__._______..__._.______.__.$ Regular Operating Expenses .,,................._._.._..$ Travel ............. ^ Motor Vehicle Equipment Purchases .__._._.___.___.$ Publications and Printing ___.___.____._._,,.._..........._.$ Equipment Purchases __________.____________________________$ Per Diem and Fees __..___.,,_-___.,,.,,..__..___.___.____.___....$ Computer Charges ................ .^ Solid Waste Grants __________,,_.____.___.____________..___..._._.$ Total Funds Budgeted ............. ^ State Funds Budgeted ........ .^ Total Positions Budgeted 476,948 36,088 29,532 --0-- 8,200 8,000 1,500 --0-- 2,000,000 2,560,268 2,560,268 35 17. Land Reclamation Budget: Personal Services ................ ^ Regular Operating Expenses _._--_____________________.____$ Travel ............................. ^ Motor Vehicle Equipment Purchases ___..........,,.$ Publications and Printing ________________...___..____________$ Equipment Purchases ..................$ Per Diem and Fees ........ .^ Computer Charges __...__....,,._.________.........__.___..__.....$ Total Funds Budgeted ___.__._-_......_.__._..._.....___.__.._$ State Funds Budgeted .__..-____-_-..__._.._______________._.$ Total Positions Budgeted 138,973 26,500 9,775 --0-- 2,500 1,425 4,000 20,000 203,173 203,173 9 18. Heritage Trust Budget: Capital Outlay __...-..__._____...-...._.___._._....._._..___._._..$1,534,700.75 General Obligation Bonds _._...--._.____._.........._._.___...$ 302,000 Total Funds Budgeted ______--______...__._______________._____.$l,836,700.75 State Funds Budgeted ........___..___.........___._..........$1,836,700.75 Total Positions Budgeted --0-- Budget Unit Object Classes: Personal Services _....._.___.._..._._........___..._.....___.____..$ 13,964,278 MONDAY, FEBRUARY 11, 1974 1691 Regular Operating Expenses .....-..._._.._._._._...._..___.$ 5,270,469 Travel _ $ 377,990 Motor Vehicle Equipment Purchases _._..__.........$ 710,351 Publications and Printing ______.........._._.._._._.._--. $ 466,900 Equipment Purchases .,,._._.___.______._._......_._.__--_._..$ 711,377 Per Diem and Fees ._____.....-__.....___._._.__-......_._._.___.$ 160,650 Computer Charges ,, $ 216,900 Land and Water Conservation Grants ._............$ 4,000,000 Recreation Grants .,, . . $ 200,000 Water and Sewer Grants __..._..___.__._._........_.._._._....$ 2,000,000 Solid Waste Grants ....___._._....._._.___.__._._..........._..._..$ 2,000,000 Contract with U. S. Geological Survey for Ground Water Resources Survey __._._......$ 176,000 Contract with U. S. Geological Survey for Topographic Maps ...._._._._._-._...........-___-$ 1,585,000 Capital Outlay _._.___.___...__.___._...._..._.._.......... ... ....$4,038,900.75 Authority Lease Rentals/General Obligation Bonds _.......___.._..._......._......-._........_ $ 2,828,000 Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section. Provided, however, that none of the above appropriation 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. Section 27. Department of Offender Rehabilitation. A. Budget Unit: Department of Corrections .........._..$ 3,685,761 1. General Administration and Support Budget: Personal Services .__.._..._.._........_............_.............. $ Regular Operating Expenses .__------.____---...___.__$ Travel .__.._..........___._._..__.___.........___.....___.____........_._..._.$ Motor Vehicle Equipment Purchases ___----._____.$ Publications and Printing ...................................I Equipment Purchases ._,,--....._._--..._......--....._....$ Per Diem and Fees .............._......,,._._.._...__..........._.$ Computer Charges ................._......._._._..._........_.....$ Inmate Release Fund-- Payments and Clothing _......._._._._......_..._........$ Total Funds Budgeted ._..........._........................_....$ State Funds Budgeted . .._..........._....................$ Total Positions Budgeted 2,213,828 441,302 144,630 4,500 32,300 103,480 100,500 166,036 320,000 3,526,576 3,526,576 200 2. Construction, Maintenance, and Special Projects Budget: Personal Services .......... $ Regular Operating Expenses .....__.._........_._._..._...$ 112,185 33,500 1692 JOURNAL OP THE HOUSE, Travel ------,,-,,______._.__.,,,,,,.$ Motor Vehicle Equipment Purchases ____,,_------$ Publications and Printing ..,,..,,__,,____________________,_$ Equipment Purchases ___.___._._.........._..___._....___.._....$ Per Diem and Fees ........__...__.____.__.._..,,._.........__._...$ Computer Charges __..,,...___.__.____.__....._._..............,,.$ Total Funds Budgeted ....____..______._.___...._..,,...........$ State Funds Budgeted . ... $ Total Positions Budgeted 6,000 4,000 --0-- 2,000 1,500 --0-- 159,185 159,185 8 Budget Unit Object Classes: Personal Services .......... $ Regular Operating Expenses .._.......$ Travel ...................$ Motor Vehicle Equipment Purchases ...._._.--.__....$ Publications and Printing ____________.___.__.___.___________.$ Equipment Purchases ... . $ Per Diem and Fees -____________________.______________________.._.$ Computer Charges __.._._..._____._...._..._..___.___.____.._.....$ Inmate Release Fund-- Payments and Clothing .....,,._._........._....._._._.__..$ 2,326,013 314,802 150,630 8,500 32,300 105,480 102,000 166,036 320,000 B. Budget Unit: Correctional Institutions ._..._.._._._._._._._.$ 23,019,904 1. Georgia Training and Development Center Budget: Personal Services _.__.._.........-_.-.__..__.___..........._...__..$ Regular Operating Expenses ............................if Travel ....._$ Motor Vehicle Equipment Purchases _____.------.$ Publications and Printing _...____________________________..__$ Equipment Purchases ___...._____________________.__.._--._-_.$ Per Diem and Fees -..._..__._.__.._._.,,..,,....._..._...._...._.? Computer Charges .........._$ Total Funds Budgeted .........................................I State Funds Budgeted _._.........._............_..._...........$ Total Positions Budgeted 827,095 408,719 1,740 17,000 102 12,381 16,378 --0-- 1,283,415 1,283,415 80 2. Georgia Industrial Institute Budget: Personal Services --------------.$ Regular Operating Expenses ___.___..___......._. .________.$ Travel .__.___..__.___.___.____............-._..__.____._.._........_..._.__._.$ Motor Vehicle Equipment Purchases ,,-_,,.------$ Publications and Printing __._._._........,,..__...___._....$ Equipment Purchases __..___.__.._.......,,..._..._..._.._._...$ Per Diem and Fees ___..__..__.___._._........._...__,,__..._..... $ Computer Charges ___.___...,,....._.._._..__._._.___.__....__.__.$ Capital Outlay ___.._._____......._......_..._..._.....,,............_.$ Total Funds Budgeted __......._.._._._._..............-.....$ State Funds Budgeted ___.._..__..___......_..........._.----.$ Total Positions Budgeted 2,092,785 1,258,171 11,142 58,800 615 32,015 12,283 --0-- 154,000 3,619,811 3,619,811 215 MONDAY, FEBRUARY 11, 1974 1693 3. Georgia Diagnostic and Classification Center Budget: Personal Services .........$ Regular Operating Expenses _.__.___________,,.___________..$ Travel .......... $ Motor Vehicle Equipment Purchases .__._._......._.$ Publications and Printing _________--________,,--________--$ Equipment Purchases _______________.__________,,__________,,_.$ Per Diem and Fees .....__._._._._......_-._.._._-_.____.-....$ Computer Charges -._.____._...-.-.--_--.--._...----.--.--.$ Capital Outlay ___.....__.._.,,........____........_.--_......._--.$ Authority Lease Rentals ___.____....._.._.__....__..__..__-...$ Total Funds Budgeted ___.___.--...._.__.....___..__.._._...-_.$ State Funds Budgeted ___.-_.....__..._._.._.__...._......-_.$ Total Positions Budgeted 2,167,599 874,316 4,094 28,500 819 39,900 42,275 --0-- 18,000 640,000 3,815,503 3,815,503 225 4. Georgia State Prison Budget: Personal Services ____.....__.___.___........_.__..._.......__.._...$ Regular Operating Expenses ........_.__........._.._._-. $ Travel _ __ _ $ Motor Vehicle Equipment Purchases __----_--_--$ Publications and Printing ________---.__.___,,--.._____--$ Equipment Purchases ....._..____....._...__._._...__..._...$ Per Diem and Fees -_......._._.____......_.._......_._..__.--.....$ Computer Charges ................$ Capital Outlay ....,,..___.___.._.__._.........____........._.._._...$ Total Funds Budgeted ____-$ State Funds Budgeted . ._._..... .....$ Total Positions Budgeted 4,610,103 2,119,652 9,165 54,000 1,535 129,621 63,540 --0-- 50,000 7,037,616 6,972,616 469 5. Consolidated Branches Budget: Personal Services . . ..._______...$ Regular Operating Expenses ..,,.._.__..._......_._._._,,.$ Travel .....$ Motor Vehicle Equipment Purchases ...-- .__._... $ Publications and Printing ___.____._..._.._._._._.,,..._......$ Equipment Purchases __......._._._..._......____._...--..._.....$ Per Diem and Fees ........__._._..__.___......._..._...-.....___.$ Computer Charges ..________-._-__________________--__.______--$ Capital Outlay _..._...._..._..._-.._..._____......_._..._. __________$ Authority Lease Rentals .._...._.___.__..._._._._.._....._....$ Total Funds Budgeted ... $ State Funds Budgeted .___.._......_..-__.._.._......._._....._.$ Total Positions Budgeted 4,578,499 2,585,078 50,354 218,260 3,572 79,976 120,700 --0-- 8,000 200,000 7,844,439 7,308,559 501 Budget Unit Object Classes: Personal Services _._.....____.__....._._..--....____........_____.$ 14,276,081 Regular Operating Expenses .._..--....._...--...--.__.$ 7,352,836 Travel ...._._.._..._..__.._._..._.___.........___... .___._..........___.._..$ 76,495 Motor Vehicle Equipment Purchases .........__...$ 269,660 Publications and Printing ........____....._.___._....._...$ 6,643 Equipment Purchases ___......_._.........._.__._....._...._.....$ 313,893 1694 JOURNAL OP THE HOUSE, Per Diem and Fees __,,_______________________.__________,______.__$ Computer Charges ___.-,,--.-__.--....___------._,,----..$ Capital Outlay ._.____.........____........_.__....._..._._._......_.$ Authority Lease Rentals ___._._......___.__....._.__-_......_.$ 255,176 --0-- 230,000 840,000 C. Budget Unit: Department of Offender Rehabilitation .............. .^ 4,577,893 1. Administration and Federal Grants Budget: Personal Services ....................$ Regular Operating Expenses ........ ^ Travel ___._______.___.$ Motor Vehicle Equipment Purchases _______-_.._._.$ Publications and Printing ......... $ Equipment Purchases ................. ^ Per Diem and Fees .......$ Computer Charges ........$ Direct Benefits ..............$ Total Funds Budgeted .....__._-__....-__._-_....._..___....._.$ State Funds Budgeted .__.___._._......_..._--_--..._.__....$ Total Positions Budgeted 868,927 152,521 71,973 --0-- 800 19,745 13,960 7,490 74,400 1,209,816 234,096 89 2. Probation-Parole Supervision Regional Operations Budget: Personal Services ....,,_,,.._......$ 3,794,300 Regular Operating Expenses --.____,,..----...__--__...$ 210,831 Travel ._,,.._$ 289,576 Motor Vehicle Equipment Purchases ._._....___.___.$ --0-- Publications and Printing __..___....._...._......,,..__.._.$ 1,372 Equipment Purchases .....--__--.,,___._----..._._----...$ 40,000 Per Diem and Fees ...............$ 7,718 Computer Charges ......................$ --0-- Total Funds Budgeted .-_.........___.......-.__.._........_._$ 4,343,797 State Funds Budgeted _______......-_______........_.._._....._.$ 4,343,797 Total Positions Budgeted 363 Budget Unit Object Classes: Personal Services __......___._._..,,.________._.._...__..,,....._.$ Regular Operating Expenses .__________.._.._______-__.___$ Travel ...._._____.,,......._____......_________..______._....__.._.__......_..$ Motor Vehicle Equipment Purchases ._._.__.........$ Publications and Printing _,,......__.__._..,,..,,___._..._.$ Equipment Purchases ................... .^, Per Diem and Fees ..__-_......___.-_........,,._--___._..___._-.$ Computer Charges .....____-.-__,,__.-.._-.._______....._..____$ Direct Benefits _______.__,,.._______,,._________,,.__________..._____.$ 4,663,227 363,352 361,549 --0-- 2,172 59,745 21,678 7,490 74,400 D. Budget Unit: Board of Pardons and Paroles .______.______________________,,_________,,__.___.,,.______$ Board of Pardons and Paroles Budget: Personal Services .........................$ 415,000 361,153 MONDAY, FEBRUARY 11, 1974 Regular Operating Expenses _,,__________________________.$ Travel __.__.$ Motor Vehicle Equipment Purchases _______..__.___.$ Publications and Printing .._.........._..._.._._._..._...__$ Equipment Purchases _--__,,___--_..__._____________,,_-_____$ Per Diem and Fees ............____.___..-........._...._....._....$ Computer Charges --.,,----._-----,,.--.,,....-.....-----$ Total Funds Budgeted .._._._.___..___.._........._....._...___.$ State Funds Budgeted _______.._._._._._.._..._._..._.._._.__...$ Total Positions Budgeted 1695 18,747 27,000 --0-- 2,000 3,600 2,500 --0-- 415,000 415,000 21 Budget Unit Object Classes: Personal Services __-____._-.....___.___.__..____.___.___.__._._._.$ Regular Operating Expenses ___________________.__..._,,_$ Travel ....... .......$ Motor Vehicle Equipment Purchases ______..._.,,--$ Publications and Printing .... $ Equipment Purchases ___.___..______--_____......._..._.-.......$ Per Diem and Fees ___._________________.___.__.____.______.___..$ Computer Charges --__,,__--__,,__.____________________________.$ 361,153 18,747 27,000 --0-- 2,000 3,600 2,500 --0-- Section 28. Department of Public Safety. Budget Unit: Department of Public Safety .._.___..$ 24,137,063 1. Off ice of Highway Safety Budget: Personal Services -........._.....___.___.___.______..._._.__..._...$ Regular Operating Expenses _._._._.__._.__.._.._._._._.___.$ Travel ........................................................................I Motor Vehicle Equipment Purchases __......__..._..$ Publications and Printing ,,_.___________.._.................$ Equipment Purchases _________________________________________..$ Per Diem and Fees ______.___________._______________.__________.$ Computer Charges _________.._.________._$ Total Funds Budgeted _.__.______._.__.._............._._.......$ State Funds Budgeted ________________________________.___.___..$ Total Positions Budgeted 230,700 24,600 14,000 --0-- 7,000 3,000 1,000 2,000 282,300 --0-- 16 2. Commissioner's Office Budget: Personal Services _,,.,,-_.,,___,,.,,__________________,,_____,,__...$ Regular Operating Expenses .-....--..,,._...__..._...__.$ Travel ._..___._._.._-..__..__.__.____.___..._..,,......__.._..__.____.___.___.$ Motor Vehicle Equipment Purchases ___.______... $ Publications and Printing ___._._.___.______._._.____._._.._..$ Equipment Purchases ._____..___.___.___.._...__..._.__.._... $ Per Diem and Fees ___._._..___.___._._._.........._....__.._..._..$ Computer Charges ____._.._____._.........___.....__...__.___..__.$ Total Funds Budgeted ................___.._...__.____.___.._.__.$ State Funds Budgeted _.___,,.,,...___._.____._______________._.$ Total Positions Budgeted 711,569 107,955 16,140 17,500 13,903 2,800 47,410 --0-- 917,277 792,277 47 1696 JOURNAL OF THE HOUSE, 3. Staff Services Budget: Personal Services ...................... ....^ Regular Operating Expenses __--__--___,,__-.--______$ Travel .................. ...^ .... ...^ Motor Vehicle Equipment Purchases ................$ Publications and Printing ______,,___.,,_____.__,,______...__$ Equipment Purchases .,,___......____...-__-....._._,,._._.. $ Per Diem and Fees ..........................$ Computer Charges ......................... ^ Total Funds Budgeted ................ ..^ State Funds Budgeted ..............$ Total Positions Budgeted 535,952 858,703 2,750 6,800 29,441 120,360 10,660 158,210 1,722,876 1,722,876 62 4. Georgia State Patrol Budget: Personal Services .................$ 12,287,698 Regular Operating Expenses .-_.._...--___.....__..-.._...$ 2,070,637 Travel __....____._,,-.....__-.-.-___....____.....___....._____......_._....$ 50,400 Motor Vehicle Equipment Purchases ._..___-....__., $ 527,600 Publications and Printing .._-___..._.._....._._._._-__.-$ 583,103 Equipment Purchases ._--_.--,,----._----._.----.....$ 153,594 Per Diem and Fees .............. ^ 130,000 Computer Charges ......................$ 674,139 Total Funds Budgeted _.......$ 16,477,171 State Funds Budgeted ._.,,____._.______,,___._____-._...__,,$ 16,033,267 Total Positions Budgeted 1,071 5. Division of Investigation--Operations Budget: Personal Services ._..____...-____....__.__...._-____._...__.......$ Regular Operating Expenses .--....--...--.----....$ Travel ............ ^^^^ Motor Vehicle Equipment Purchases ____,,-._.____.$ Publications and Printing ____._.......__.....____.-_.._..___.$ Equipment Purchases ___._,,,,_.__________.____.--___.__________$ Per Diem and Fees ____....____.....,,.....-..____...._._._..._._.$ Computer Charges ----..----------.-----.........._..._,$ Evidence Purchased ____.....___.....-__......_.____.__.___--....$ Total Funds Budgeted ............... ....^ State Funds Budgeted ,,...._.__......___..._.____....._.___...$ Total Positions Budgeted 2,475,403 542,810 115,000 192,000 12,950 82,000 128,500 8,500 65,000 3,622,163 3,116,163 189 6. Crime Laboratory Budget: Personal Services ...........................$ Regular Operating Expenses ___._____.__________________.$ Travel .....__.........__......_......._......._......___,,....__.__......___.$ Motor Vehicle Equipment Purchases ___.___.....___.$ Publications and Printing _____.,,_.__--._..__.-_._.._.$ Equipment Purchases ____-....___-.....__-_._..____._...,,_.$ Per Diem and Fees ___-....,,_......,,____..__._-...._____-_....$ Computer Charges ......................... ....^ Total Funds Budgeted .,,......____...._.__..___._____...___..$ State Funds Budgeted .................. ^ Total Positions Budgeted 888,512 146,339 17,000 20,800 5,800 193,500 24,700 --0-- 1,296,651 1,266,651 67 MONDAY, FEBRUARY 11, 1974 1697 7. Georgia Crime Information Center Budget: Personal Services ,,.-.-..--_.--.-.--.._._.__............--..._$ Regular Operating Expenses ................................I Travel __.._._____.-_-_--______.__.___.___.__.,,_.,,_.,,$ Motor Vehicle Equipment Purchases ________.----.$ Publications and Printing __________.___._._.______..____.____$ Equipment Purchases .-..-.---_--..,,..___-__.-___.___.__.._.$ Per Diem and Fees ._..,,.,,,,._,,,,._.._._...._._.--$ Computer Charges __.__.__.__.__..___.__........_,,__............_.$ Total Funds Budgeted _.__.....__.___.___....._._.___..___.._...$ State Funds Budgeted _...._,,.,,...,,. $ Total Positions Budgeted 1,154,856 508,363 21,000 12,000 25,000 30,000 10,000 850,000 2,611,219 1,205,829 140 Budget Unit Object Classes: Personal Services ......_....._______.,,_.....,,.......,,_..........$ 18,284,690 Regular Operating Expenses ,,..._._....___.___..------$ 4,259,407 Travel ___._,__...__.,,,,..,,$ 236,290 Motor Vehicle Equipment Purchases ____.__.--.--.$ 776,700 Publications and Printing ............,,_._,,.___.._..___.__,,$ 677,197 Equipment Purchases ___.___.____.__............,,.._..-.._._.$ 585,254 Per Diem and Fees -- -,,._______________----$ 352,270 Computer Charges _._._._._____,,_._,,,,,,,,....,,.._,,$ 1,692,849 Evidence Purchase ,,______,,,,_._________,,-$ 65,000 Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International As sociation of Chiefs of Police (State and Provincial Police). Section 29. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ,,,,,,______________,,_,,..,,,,_____.$ 7,396,000 Departmental Operations Budget: Regular Operating Expenses ............,,.,,__,, _____$ 137,000 Employer Contributions _______.____..,,......,,.........,,.__$ 7,259,000 Total Funds Budgeted _______._____________________________.__.$ 7,396,000 State Funds Budgeted ....................-__.._-___..__.......$ 7,396,000 Budget Unit Object Classes: Regular Operating Expenses ____,,__.$ 137,000 Employer Contributions .__,,_____,,..__.$ 7,259,000 Section 30. Public Service Commission. Budget Unit: Public Service Commission ^______--____$ 2,014,727 1698 JOURNAL OP THE HOUSE, 1. Administration Budget: Personal Services ..................................... ...^ Regular Operating Expenses .............................^ Travel _______________.___.____._.___________,,.--_________________________$ Motor Vehicle Equipment Purchases ____._..__..__.$ Publications and Printing ______.________________________.__$ Equipment Purchases ...._--~----,,.,,...--.--..--.$ Per Diem and Fees ..................................... .^^ Computer Charges ..................................$ Total Funds Budgeted .............. .^ State Funds Budgeted ---------------$ Total Positions Budgeted 437,695 18,550 4,500 --0-- 1,500 3,200 15,000 --0-- 480,445 480,445 27 2. Transportation Budget: Personal Services ,,_,,_,,.____._..__,,_,,._,,__.. $ Regular Operating Expenses ._._.___.._.___..._._______..$ Travel __..__...__-----$ Motor Vehicle Equipment Purchases ____,,,,,,__,,___.$ Publications and Printing ..................................^ Equipment Purchases _________________________._____________.$ Per Diem and Fees ...............................^ Computer Charges ___________----.---_--_--_----,,_-,,-$ Total Funds Budgeted __,,_--__-__-._.______.___________$ State Funds Budgeted ___,,__.______-_-___-___.__-_-__-.$ Total Positions Budgeted 457,373 107,800 35,000 12,000 9,700 18,500 3,000 --0-- 643,373 643,373 44 3. Utilities Budget: Personal Services ...... _-._................,,................$ Regular Operating Expenses .__________________.._______.$ Travel ___,,__,,_.$ Motor Vehicle Equipment Purchases ___._______.___.$ Publications and Printing ._--...............................^ Equipment Purchases .........................................$ Per Diem and Fees ....._._..,,....,,........_.....__...._.___.__.$ Computer Charges .________------_------__---------.$ Total Funds Budgeted ......................... ^ State Funds Budgeted .........-._.._..___..__.___._.___.__.$ Total Positions Budgeted 664,709 132,150 27,000 12,000 9,000 35,050 36,000 --0-- 915,909 890,909 53 Budget Unit Object Classes: Personal Services ........................................ .....^. Regular Operating Expenses ____.__.___._______.___.._._..$ Travel ____._-.__-..-..................._..-....--...-....-.-_..-.-..$ Motor Vehicle Equipment Purchases ...............$ Publications and Printing .__..__.___,,_..______________.__.$ Equipment Purchases ......----,,--_..___----,,_-...--._.$ Per Diem and Fees ....,,_,,___..-_____-.-.......____.__..__...$ Computer Charges ....................... ........^ 1,559,777 258,500 66,500 24,000 20,200 56,750 54,000 -- 0-- Section 31. Regents, University System of Georgia. A. Budget Unit: Resident Instruction Institutions ___ $214,962,833 MONDAY, FEBRUARY 11, 1974 1699 Resident Instruction Budget: Personal Services ___-___.,,.. .........._____________^.......__,^_$211,132,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges _._.,,---.._.._,,_--...$ 62,143,000 Teachers' Retirement .___.___.______.___,,_____.,,.,,$ 15,500,500 Capital Outlay _.,,___,,._,,,,.,,.___.__._,, $ 1,500,000 Authority Lease Rentals ______________.___.____.,,___-.__.$ 22,739,136 General Obligation Bonds ._________........._.__.__--...__.$ 2,000,000 Total Funds Budgeted .,,...____.__.._........______.....,,___ $315,014,636 State Funds Budgeted ___.___________._...____________.________$214,962,833 Total Positions Budgeted 14,987 Budget Unit Object Classes: Personal Services ____.__-.............___.______.__-.........__.__.$211,132,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ............................................I 62,143,000 Teachers' Retirement _______.,,,,,,,,$ 15,500,500 Capital Outlay _..,,-__..._,,,,,,__,,,,.,,$ 1,500,000 Authority Lease Rentals __.________--__._._______-__-___.$ 22,739,136 General Obligation Bonds __._-.......,,_.______.......__._$ 2,000,000 Provided, that from the above appropriation relating to Regents Central Office, $4,000 is designated and committed for two additional student grants for the Southern College of Optometry in SREB pay ments. Provided, that from the above appropriated amount, $1,000,000 is specifically appropriated for the purposes of financing a new construc tion program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents of the University System through the issuance of not to exceed $12,000,000 in principal amount of general obligation debt or through the issuance of not to exceed $12,000,000 in principal amount of bonds by the Georgia Education Authority (University). Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount will be appropriated to the "State of Georgia General Obligation Debt Sinking Fund." Should said Com mission determine that said undertaking be financed through the is suance of bonds by the Georgia Education Authority (University), said amount shall be appropriated to the Board of Regents of the University System and used for the purpose of paying lease rentals. Provided, that from appropriated funds in A, the amount of $23,739,136 in F. Y. 1975 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. 1700 JOURNAL OF THE HOUSE, Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever. 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 commit ments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately re port the same to the State Budget authorities for approval, whose ap proval shall be evidenced in writing. 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 contri bution 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 Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended. Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate. Provided, that revenue from student fees which exceeds the budget estimate of student fees by $2,000,000 shall not be classified as restricted funds and shall be available for use by the unit of the University Sys tem generating such income. B. Budget Unit: Regents Central Office .__.___.___________...$ 5,957,500 Regents Central Office Budget: Personal Services _____________--.--___________-___-____..__._$ Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges __.____.__~________.___________...____.___$ Medical Scholarships ....-...-.___.____.___.__.._........._,,.$ Regents Scholarships ....................___.___._______._......$ Grants to Junior Colleges ....__--_-_._.___.____________....$ Total Funds Budgeted ___.------$ State Funds Budgeted ___________.___......_...._........._....$ Total Positions Budgeted 1,661,400 914,500 345,000 200,000 2,839,000 5,959,900 5,957,500 112 Budget Unit Object Classes: Personal Services _____________--.....-,,_,,_,,____,,__._.$ 1,661,400 MONDAY, FEBRUARY 11, 1974 1701 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ..________-______.._-_-___._-.._,,.........$ Medical Scholarships ___,,_______________________.___,,-_______.$ Regents Scholarships _______._.,,_.______________...__.__,,______.$ Grants to Junior Colleges ......__.__.___._________-___.._.$ 914,500 345,000 200,000 2,839,000 C. Budget Unit: Ancillary Institutions ....__...__-__-___.__..$ 19,659,541 1. Marine Resources Extension Center Budget: Personal Services ._.____.__.......................__.___-_........$ Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ._..,,,,.-..._.__.$ Total Funds Budgeted .__.-_-.-.........,,......_____._________.$ State Funds Budgeted .._.___.___.__.._.....-._...__._._.___._$ Total Positions Budgeted 224,000 93,000 317,000 317,000 24 2. Skidaway Institute of Oceanography Budget: Personal Services ,,--------,,,,----,,$ Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ....___._..__..___-____.-........_,,______.$ Total Funds Budgeted ..,,..,,,,,,-- $ State Funds Budgeted ..________.___..._........_._._._._._._._.$ Total Positions Budgeted 711,000 575,000 1,286,000 523,000 36 3. Engineering Experiment Station Budget: Personal Services --,,----------$ Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ..-,,---. $ Total Funds Budgeted -------$ State Funds Budgeted ..,,_,,__...,, $ Total Positions Budgeted 6,274,800 1,994,200 8,269,000 2,094,000 208 4. Engineering Extension Division Budget: Personal Services _______.__-.....-....-....._,,.____._-..,,..__.$ Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges _.____________________.__._--_________$ 628,000 236,000 1702 JOURNAL OF THE HOUSE, Total Funds Budgeted ..................... ^ State Funds Budgeted ...........................% Total Positions Budgeted 864,000 314,500 61 5. Agricultural Experiment Stations Budget: Personal Services .......................... ^ 9,518,976 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ____.____.___________________._____.____,,_.$ 4,102,024 Total Funds Budgeted ..................... ..^ 13,621,000 State Funds Budgeted _.,,________....________._,,_.__.___.__...$ 8,571,000 Total Positions Budgeted 788 6. Cooperative Extension Service Budget: Personal Services ,,_.__--____________________,,___.__._______. $ 13,079,624 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ...................... ........^ 2,286,072 Total Funds Budgeted ......................... ^ 15,365,696 State Funds Budgeted ........................... ....4 7,840,041 Total Positions Budgeted 941 Budget Unit Object Classes: Personal Services ................................% 30,436,400 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ............................. 4 9,286,296 D. Budget Unit: Eugene Talmadge Memorial Hospital ............................................... ..^ 9,184,000 Talmadge Memorial Hospital Budget: Personal Services .....-_-.,,...--..__-...-.-___.,,.-___...$ 13,084,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ....___...,,........____.._.....__-__._....$ 4,200,000 Total Funds Budgeted ............ ..^ 17,284,000 State Funds Budgeted ...................... ^ 9,184,000 Total Positions Budgeted 1,711 Budget Unit Object Classes: Personal Services ...............$ 13,084,000 MONDAY, FEBRUARY 11, 1974 1703 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges __.-...___.._....__-_......____....-.__.....$ 4,200,000 Section 32. Department of Revenue. Budget Unit: Department of Revenue ....'.....,........$ 22,149,339 1. Executive Administration Budget: Personal Services .......^.................... ^ Regular Operating Expenses _..___________.______..__.__.$ Travel .__._______.___--...-_-.$ Motor Vehicle Equipment Purchases .----..----.$ Publications and Printing ....................................^ Equipment Purchases ........................^ Per Diem and Fees ..................... .^, Computer Charges ................................................$ Total Funds Budgeted __,,._____........._-_.....____.__...._.$ State Funds Budgeted ,,..__...._.____-_._..___._...._._.__.$ Total Positions Budgeted 876,208 602,691 14,000 --0-- 194,173 1,000 23,800 30,000 1,741,872 1,741,872 33 2. Internal Administration Budget: Personal Services .........................$ Regular Operating Expenses .....____..__.__....,,.___-_..$ Travel __..-..--__.-._.._.-.$ Motor Vehicle Equipment Purchases _....__,,__,,..$ Publications and Printing ___._._.____.________.._..____.__..$ Equipment Purchases --.___........._,,--,,.__....--,,._..-- $ Per Diem and Fees ....................... $ Computer Charges ................... 4 Total Funds Budgeted .__...._.__-.,,..___.._..._.___-.._.._.__$ State Funds Budgeted ................. ^ Total Positions Budgeted 751,043 25,695 1,500 --0-- 6,736 2,500 1,000 62,859 851,333 851,333 70 3. Property Tax Budget: Personal Services ........................... ...4 Regular Operating Expenses ___,,_.______...--_____,,__.$ Travel ............ ...^ Motor Vehicle Equipment Purchases .----__.----$ Publications and Printing .__,,_...._____..,,..__.,,....____..$ Equipment Purchases _.__,,____-________--.______.--_____---$ Per Diem and Fees ....^ .................... ^ Computer Charges ........................ ^ Loans to Counties/Property Reevaluation __-.....__..__....____.._..___......._.__...._.__._...$ Grants to Counties/Appraisal Staff __...._.___..._$ Total Funds Budgeted ........................ ^ State Funds Budgeted _-...._____...__,,-__....___-...._.___.$ Total Positions Budgeted 794,681 19,685 64,682 17,000 82,000 3,600 45,000 1,285,000 325,000 860,000 3,496,648 3,295,648 71 In addition, there is hereby appropriated the amount of such re- 1704 JOURNAL OF THE HOUSE, payment 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 $201,000 in P. Y. 1975. Such amount shall be available for further tax evaluation loans to counties. 4. Sales Taxation Budget: Personal Services ------._.._----__--__,,_--------$ Regular Operating Expenses __,,,,------,,$ Travel ------.----------------------_-$ Motor Vehicle Equipment Purchases ______.....__.$ Publications and Printing __----._--------_----$ Equipment Purchases --------_----------------$ Per Diem and Fees --.--___._--------_----_.----$ Computer Charges -_,,--------.----_--------.--.$ Total Funds Budgeted ----_._------------...----.$ State Funds Budgeted _--_-..._------------__----$ Total Positions Budgeted 732,223 66,220 7,000 --0-- 42,400 5,000 --0-- 260,875 1,113,718 1,113,718 77 5. Motor Fuel Taxation Budget: Personal Services----,,--------_.--------------$ Regular Operating Expenses ___----------_.--...... $ Travel ......................................... $ Motor Vehicle Equipment Purchases ,,.--.------$ Publications and Printing .....--__...........----__..$ Equipment Purchases _.-----------------.--------.$ Per Diem and Fees ................... ...... .......$ Computer Charges .-._--_-......----..._......--------$ Total Funds Budgeted .-..........------.......------..$ State Funds Budgeted ----........----............----$ Total Positions Budgeted 324,990 4,490 2,500 --0-- 43,384 2,000 100 78,437 455,901 455,901 35 6. Income Taxation Budget: Personal Services .--..........----..--......,,._._...........$ Regular Operating Expenses _--..........----__--_..$ Travel ___.______....-.--.-____.....______.______...___-_____.__..__-__.$ Motor Vehicle Equipment Purchases ____.__--._..$ Publications and Printing _----_--__._------------.$ Equipment Purchases --------_----------_----------$ Per Diem and Fees __,,--------____--------_.----$ Computer Charges _------__--------__------__----$ Total Funds Budgeted .,,.------.----..--.----....-$ State Funds Budgeted -___._------------_------$ Total Positions Budgeted 1,077,406 139,874 6,507 --0-- 178,843 2,500 --0-- 1,305,192 2,710,322 2,710,322 109 7. Alcohol and Tobacco Taxation Budget: Personal Services --__,,--___--__--------------_$ Regular Operating Expenses _._--------____$ Travel -__------.__--------------_$ Motor Vehicle Equipment Purchases --------_.$ Publications and Printing ___--------.----_------$ Equipment Purchases _----___--_------._,,_..----$ Per Diem and Fees --____--,,__----,,_--...--.------$ 1,386,374 206,168 47,032 109,000 13,472 7,500 18,200 MONDAY, FEBRUARY 11, 1974 1705 Computer Charges ............................................ ^ 69,796 Total Funds Budgeted .._..,,___.___________.....__...__.___..$ 1,857,542 State Funds Budgeted ___.....,,-___-___.__._____.__..._-___-__..$ 1,857,542 Total Positions Budgeted 121 8. Motor Vehicle Registration Budget: Personal Services .....................^ Regular Operating Expenses ___________________:___.___.___.$ Travel ___________________________.________-------__-._--.$ Motor Vehicle Equipment Purchases ..__.--._,,.--$ Publications and Printing ...................... 4 Equipment Purchases ___,___._____--,,___._.______-___-___-_.$ Per Diem and Fees ........................-......% Computer Charges ............................. ^ Total Funds Budgeted ............^ State Funds Budgeted ______..__________-__-___-___._.....-.$ Total Positions Budgeted 1,698,069 240,145 6,212 14,502 207,128 12,800 --0-- 1,545,320 3,724,176 3,724,176 207 9. Central Audit Budget: Personal Services .___._...,,..,,_._.,,........................_....$ Regular Operating Expenses ,,__,,___________..___.______.$ Travel ______,,.__________,,__.____...,,,,__.___,,_.,,___-.._________-___.$ Motor Vehicle Equipment Purchases _________,,__..$ Publications and Printing ................................ ^ Equipment Purchases _______________________________________,,_.$ Per Diem and Fees .............................................i Computer Charges ......,,.....,,..............._..-..._.._..._.$ Total Funds Budgeted ......_..-_-.,,_._.._._______________..$ State Funds Budgeted _______._______.___.___.___._____________$ Total Positions Budgeted 1,129,625 42,993 148,500 --0-- 8,000 16,000 1,000 5,000 1,351,118 1,351,118 82 10. Field Audit Services Budget: Personal Services ..........................................$ Regular Operating Expenses .--,,-----,,-----_.,,___.$ Travel .._..,,.___.._.________.______..,,-- $ Motor Vehicle Equipment Purchases ___.___.____.._.$ Publications and Printing .--.--...--...--.._.....--.--.$ Equipment Purchases .........--.--..----....................^ Per Diem and Fees ... . $ Computer Charges .............$ Total Funds Budgeted ....................................$ State Funds Budgeted _____.............-......-..-.-...-$ Total Positions Budgeted 2,623,068 121,750 219,000 --0-- 11,918 24,573 2,000 5,000 3,007,309 3,007,309 231 11. Motor Vehicle Tag Purchases Budget: Motor Vehicle Tag Purchases ............................$ Motor Vehicle Decal Purchases ......................... ^ Total Funds Budgeted ______._________-__-___._.__..___..._. $ State Funds Budgeted ._,,....___.______...___________..___.. $ Total Positions Budgeted ...........................$ 1,794,000 246,400 2,040,400 2,040,400 --0-- Provided, that of the above appropriated amount relating to motor 1706 JOURNAL OF THE HOUSE, vehicle tag purchases, $1,794,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 3,900,000 motor vehicle tags. Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided the advances made are for services to be rendered within the same fiscal year. Budget Unit Object Classes: Personal Services ..................................................I 11,393,687 Regular Operating Expenses ................................$ 1,469,711 Travel .......................... .4 516,933 Motor Vehicle Equipment Purchases ._._.__.___.___.$ 140,502 Publications and Printing ............... ..^ 788,054 Equipment Purchases ..________._..-...-__,,_____._.__-_.__..$ 77,473 Per Diem and Fees ..........................^ 90,200 Computer Charges ............................................$ 4,647,479 Loans to Counties/Property Reevaluation ,,_,,_________----------------$ 325,000 Grants to Counties/Appraisal Staff ................$ 860,000 Motor Vehicle Tag Purchases _,,_______,,_,,__,,_______.$ 1,794,000 Motor Vehicle Decal Purchases ............_..._...___._.$ 246,400 Section 33. Secretary of State. Budget Unit: Secretary of State ............. ....^ 5,611,803 1. Occupational Certification Budget: Personal Services ...................................^.......$ Regular Operating Expenses ......-..__..__......-.._...$ Travel :...............................$ Motor Vehicle Equipment Purchases _...-------.$ Publications and Printing ................................$ Equipment Purchases ,,___-____.-____-__._.___._.._._.___._.$ Per Diem and Fees ....................$ Computer Charges ................................$ Total Funds Budgeted .............................. ..^ State Funds Budgeted ___.._.-__-...._..._.............-....$ Total Positions Budgeted 1,026,443 371,167 135,036 --0-- 50,000 40,000 125,000 --0-- 1,747,646 1,747,646 113 2. Securities Regulation Budget: Personal Services ........_..^....... ........ ..^ Regular Operating Expenses --....._____-_.__.-_.___.____.$ Travel .____..____.___._________,,________----.__.__.. $ Motor Vehicle Equipment Purchases _.--...,,-.,,..$ Publications and Printing ............................. .^ Equipment Purchases ................ ..^ Per Diem and Fees ...............--. ..... ..... ..^ Computer Charges ........................................... ^ Total Funds Budgeted ............$ 153,428 17,000 12,000 --0-- 2,000 6,000 --0-- --0-- 190,428 MONDAY, FEBRUARY 11, 1974 1707 State Funds Budgeted .______._..,,__..._....___...__....__.._.$ 190,428 Total Positions Budgeted 12 3. Corporations Regulation Budget: Personal Services _______.___,,_______.___________.____.__________.$ Regular Operating Expenses ___---___.________--.__--_.$ Travel _..._-.___...._,,._._..--...,,.._,,........_....-_--..__...____..$ Motor Vehicle Equipment Purchases ___...,,_,,____.$ Publications and Printing __,,_..__...___,,..___,,.._--_$ Equipment Purchases __..___.,,..___..,,._--...--..--....--..$ Per Diem and Fees __--.__---__--.-----...--__.--...-._.$ Computer Charges ...__....-__...-__--_,,...___-.___....__--__.$ Total Funds Budgeted' __________._____-______-___-.__-____.$ State Funds Budgeted .__....._....__.....__..____.__...,,___.$ Total Positions Budgeted 183,446 72,306 500 --0-- 4,000 3,600 --0-- --0-- 263,852 263,852 20 4. Pharmacy Regulation Budget: Personal Services ,,__._..___.__.__._____-___,,_._._-_-________--__.$ Regular Operating Expenses ....___.____.,,-______.__...$ Travel .,,____.__,,__,,___________,,__,,___,,___,,_____$ Motor Vehicle Equipment Purchases ___..__.__.,,__.$ Publications and Printing ______-.____,,____-____--______ $ Equipment Purchases -_-_--_-______-___.____.._-__--_.$ Per Diem and Fees ___.______.__..____.-_________..__.$ Computer Charges _-_----.___----_--_--_.____---_.--_$ Total Funds Budgeted ._.._______-____._.__._______.,,__$ State Funds Budgeted __.____________.______._._.__.$ Total Positions Budgeted 201,291 4,700 40,680 --0-- 500 500 500 --0-- 248,171 248,171 13 5. Archives and Records Budget: Personal Services ._._._____-____.____.__________._-________.$ Regular Operating Expenses ._.-________.__________$ Travel ____..__._______.__________________-_________________.$ Motor Vehicle Equipment Purchases __..__.___.$ Publications and Printing ....__..___.__..___..___,,$ Equipment Purchases .-_..-_.___,,,,.__-,,_-.__.__.-.$ Per Diem and Fees --,,..._-.__...._..-_-__...__-_,,...$ Computer Charges _.,,_._--____ _ .--.._,,-__--.__ $ Authority Lease Rentals ___...__..__.._...__.__.-_ $ Total Funds Budgeted _..__.___.._..__.__...__.._$ State Funds Budgeted _,,-.____..__..__-.___.____$ Total Positions Budgeted 957,526 126,309 6,400 3,500 23,000 16,500 --0-- --0-- 815,000 1,948,235 1,948,235 89 6. General Services Budget: Personal Services ,,__..,,....__..__.....,,_..__...__...___,,.___...$ Regular Operating Expenses ..-._...-_--.__-.._,,..___..$ Travel ,,..__...-_-....__...---.-.._....._...__.._....__...__....__._,,_. $ Motor Vehicle Equipment Purchases ..__....__.,,_.$ Publications and Printing ..__...._,,...___._..__....__...._.$ Equipment Purchases --__--______,,______._________.__$ Per Diem and Fees ..__.......___.__....._....._-.___-.__..___....$ Computer Charges ,,-._--__,,___._,,_._-__,,-_..._..._...._,,$ 352,370 64,000 7,000 --0-- 65,000 5,000 4,000 --0-- 1708 JOURNAL OF THE HOUSE, Total Funds Budgeted ....................... ..^ State Funds Budgeted _____--____.____.____,,.._________$ Total Positions Budgeted 497,370 497,370 31 7. Internal Administration Budget: Personal Services ..................................... ..^ Regular Operating Expenses ......_.....,,_..._.______-__.$ Travel .........................................................^ Motor Vehicle Equipment Purchases _______-__-__..$ Publications and Printing __..,,._.,,._...,,.__....,,_.....$ Equipment Purchases _____----____-_--____.--_____,,____.__-.$ Per Diem and Fees ___-___.___-___.______.___-.,,.,,__,,__._._._.$ Computer Charges ._--.---------.--.--......--.....--...$ Total Funds Budgeted _._._._._._._._._._._,,__.._..,,..$ State Funds Budgeted ..........................................^ Total Positions Budgeted 355,455 80,700 4,000 --0-- 100,000 5,000 --0-- --0-- 545,155 545,155 27 8. Bicentennial Commission Budget: Personal Services ....^. ...............................^ Regular Operating Expenses ,,-----,,------_----__$ Travel ................................................... .^ Motor Vehicle Equipment Purchases ,,_,,-------$ Publications and Printing __..___....._,,___,,__.___.___.___.$ Equipment Purchases .....................$ Per Diem and Fees .............._....__.._,,,,_,$ Computer Charges ............................ ..^ Total Funds Budgeted -.............-._.,,.__..__.___.___.___...$ State Funds Budgeted .___.__.__._____.___..._..__..._..__._....$ Total Positions Budgeted 46,694 11,606 3,000 --0-- 3,200 500 --0-- --0-- 65,000 65,000 3 9. State Building Administrative Board Budget: Personal Services ........................ ^ Regular Operating Expenses ___.___,,_______________,,__$ Travel _.,,___._____._.__.._,,.__.____.___._______.___.,,...,,..__.,,..$ Motor Vehicle Equipment Purchases .....-..........$ Publications and Printing ................ ..^ Equipment Purchases ._-.....___..___.______..._.___..._.___._.$ Per Diem and Fees _________,,_________,,____,,_._,,_$ Computer Charges ............................ ^^ Total Funds Budgeted ........................... 4 State Funds Budgeted ......................... ^ Total Positions Budgeted 76,946 3,000 5,000 --0-- 16,000 2,000 3,000 --0-- 105,946 105,946 6 Budget Unit Object Classes: Personal Services -.-.._,,___..._.._.,,.,,.......................$ Regular Operating Expenses ..........................^ Travel .....-._.._.......-..,,...._.___.-.-_._____..................._...$ Motor Vehicle Equipment Purchases ................$ Publications and Printing ....................$ Equipment Purchases ..........................................% Per Diem and Fees ............................................^ 3,353,599 750,788 213,616 3,500 263,700 79,100 132,500 MONDAY, FEBRUARY 11, 1974 Computer Charges -._,,-.._-.-._-.,,.-.-_-----._----.--$ Authority Lease Rentals .,,._....__..__...-_...-_.--_.-$ 1709 --0-- 815,000 Section 34. State Scholarship Commission. Budget Unit: State Scholarship Commission __.___.$ 8,728,000 1. Internal Administration Activity Budget: Personal Services .__...,,__.,,__,,..___-..___..,,_-....___..--..$ Regular Operating Expenses .___--,,_.--_----_.---.$ Travel ___.___._. ... -------_-----$ Motor Vehicle Equipment Purchases -___,,--_,,--.$ Publications and Printing _______.___.________________.__-.$ Equipment Purchases ..___--____..--,,--__------_--.$ Per Diem and Fees ........ ^ Computer Charges ......_... ............. .^ Total Funds Budgeted ...........-$ State Funds Budgeted ,,,,..__,,.._____._.....-___...____-__.$ Total Positions Budgeted 106,347 105,812 14,000 --0-- 10,050 5,065 6,200 173,838 834,600 634,600 46 2. Higher Education Assistance Corporation Budget: Payment of Interest ................. ..^...^...$ Total Funds Budgeted ..................$ State Funds Budgeted ___......_......__..__...-__...___...._.$ Total Positions Budgeted 296,000 296,000 296,000 --0-- 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans .......................$ Tuition Equalization Grants ....................^ State Student Incentive Scholarships _.____.____,,_.$ Total Funds Budgeted .................... .....^ State Funds Budgeted ............... ...^ Total Positions Budgeted 2,875,000 4,558,000 800,000 8,233,000 7,758,000 --0-- 4. Law Enforcement Personnel Dependents Scholarship Program Budget: Law Enforcement Personnel Dependents Scholarships ,,...._..,,.._,,..._... Total Funds Budgeted ._...._.__........._...,,..._.. State Funds Budgeted _......__.._...._..._.._...__.. Total Positions Budgeted 40,000 40,000 40,000 --0-- Budget Unit Object Classes: Personal Services -.--_,,--_-_,,_____,,______________,,_________$ Regular Operating Expenses .,,..,,.._..-..,,_...._......$ Travel ........................._.............._ .._.^ Motor Vehicle Equipment Purchases ._..,,.--.,,_.$ Publications and Printing .._...._.._...._._......,,,,._..._.$ Equipment Purchases --__-_______,,__,,____,,,,__,,_________$ 519,100 106,347 14,000 --0-- 10,050 5,065 1710 JOURNAL OF THE HOUSE, Per Diem and Fees .._.___.__.._._____.--.-.------$ Computer Charges __ _ . $ Payment of Interest _..--.$ Direct Guaranteed Loans .-,,------$ Tuition Equalization Grants ......_...____.._._.--_,,__.___.$ State Student Incentive Scholarships __.._....._.....$ Law Enforcement Personnel Dependents Scholarships _____.______....------$ 6,200 173,838 296,000 2,875,000 4,558,000 800,000 40,000 Provided, that of the above appropriated amount relative to cancel lable direct loans an amount not to exceed $12,000 is designated and committed for the purpose of providing stipends for training recruit ment and counselor personnel in health career fields. Provided, that of the above appropriated amount relative to direct guaranteed loans an amount not less than $1,224,000 is designated and committed for the purpose of providing loans under the guaranteed student loan program to students in paramedical, professional and edu cational fields of study which shall be repayable in cash with interest at seven percent per annum or by practice in a field and in a community or site of employment approved by the Scholarship Commission as pro vided for in Ga. Laws 1965, p. 210, as amended. Provided, that of the above appropriated amount relative to scholarships $40,000 is designated and committed solely for the purpose of providing scholarships to children of law enforcement officers, fire men, and prison guards permanently disabled or killed in the line of duty, as provided by law. Provided, that from the above amount $4,558,000 is appropriated for grants and scholarships to students attending private colleges as provided in Ga. Laws 1971, p. 906. Provided, that of the above appropriated amount relative to direct guaranteed loans, veterans shall have priority in obtaining loans as provided for by law up to the amount of $400,000. Provided, that the above appropriated amount relative to State student incentive scholarships is designated and committed for the purpose of providing incentive scholarship of not more than $450 per academic year to students at the undergraduate level pursuant to pro visions of Section 415 (A through D) of Subpart 3, Part A of Title IV of the Higher Education Act of 1965, as amended, particularly as amended by the Education Amendments of 1972 (P.L. 92-318), and pur suant to regulations prescribed by the Georgia Higher Education As sistance Authority. Residents of Georgia for a period of at least twelve months immediately preceding their date of registration in a branch of the University System of Georgia, a private college or university which is an approved institution under Ga. Laws 1971, p. 906, as amended, a college or university receiving State funds under the Junior College Act of 1958, as amended, a State-supported vocational-technical school, or in an accredited or approved nonprofit hospital school of nursing, provided such postsecondary educational institution is located in the State of Georgia, shall be eligible to make application for a State student incen- MONDAY, FEBRUARY 11, 1974 1711 tive scholarship. Depending upon the amount of Federal or State funds available for this purpose, priority in the award of State student incen tive scholarships shall be given, first, to first-year students, second, to second-year students, third, to third-year students; and fourth, to undergraduate students, without regard to their field of study. Section 35. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee .......................... ^ 401,597 Soil and Water Conservation Committee Budget: Personal Services .........................$ Regular Operating Expenses .._.__.._._.___..._._........ $ Travel .....,,..........................._...__.......,,___._.____..---. $ Motor Vehicle Equipment Purchases ................$ Publications and Printing .......................$ Equipment Purchases ....___..._.___.___.__...__.._.._._.__.. $ Per Diem and Fees ..................$ Computer Charges .........................................$ Total Funds Budgeted ..................................$ State Funds Budgeted ...........................$ Total Positions Budgeted 147,353 176,989 20,500 --0-- 5,355 1,400 50,000 --0-- 401,597 401,597 11 Budget Unit Object Classes: Personal Services ....................................................^ Regular Operating Expenses ..............$ Travel ......................................................................I Motor Vehicle Equipment Purchases --..__..,,--_.$ Publications and Printing ,,..,,____..,,........._.......,,__.$ Equipment Purchases ................. .................^ Per Diem and Fees ______......._......-.___.._.____.____._._.... $ Computer Charges ........................... ......^ 147,353 176,989 20,500 --0-- 5,355 1,400 50,000 --0-- Section 36. Teacher's Retirement System. Budget Unit: Teacher's Retirement System ....__......$ --0-- Departmental Operations Budget: Personal Services ----...--.._._--------.....-____,,.____.._...$ Regular Operating Expenses ...............................I Travel ....................... .^ Motor Vehicle Equipment Purchases ........_.___..$ Publications and Printing ........ __..................$ Equipment Purchases ..........................$ Per Diem and Fees ..................^ Computer Charges ........_.___...--....,,.-.-_..._.___.__...... $ Total Funds Budgeted ..............^ State Funds Budgeted -__.__.,,,,.....-...-____._.._..............$ Total Positions Budgeted 399,000 39,300 10,000 --0-- 9,100 6,000 178,400 131,700 773,500 --0-- 34 1712 JOURNAL OF THE HOUSE, Budget Unit Object Classes: Personal Services .-- --.---- -- --------$ Regular Operating Expenses _........_____._.,,--...-...$ Travel _____-_------.--.--.-$ Motor Vehicle Equipment Purchases .....----.__..$ Publications and Printing _,,._....___.____._______,,_________.$ Equipment Purchases ,,_______..___,,__..________,,.,,_.___._,,_$ Per Diem and Fees --------------$ Computer Charges ---..--.----$ 399,000 39,300 10,000 --0-- 9,100 6,000 178,400 131,700 Section 37. Department of Transportation. Budget Unit: Department of Transportation _________.$245,891,466 1. Planning and Construction Budget: Personal Services ------------$ 53,574,189 Regular Operating Expenses --_---------$ 6,297,915 Travel ............................................-..............-....--..I 2,680,040 Motor Vehicle Equipment Purchases _________._--__..$ --0-- Publications and Printing ......................................I 26,275 Equipment Purchases ..__....___....,,....,,.__.__.._..--.,,_.$ --0-- Per Diem and Fees --------------------$ --0-- Computer Charges ____,,________--____.__._-__.-______---__--_$ --0-- Capital Outlay _.__._...-...............__.._......_.___..-.......$157,915,587 Total Funds Budgeted _............_...__........_..._......._...$220,494,006 State Funds Budgeted ................_........__.___._........__.$114,798,322 Total Positions Budgeted 4,445 2. Maintenance and Betterments Budget: Personal Services __.,,._..,,.. ........ .,,_....._._.,,$ 32,517,127 Regular Operating Expenses .._....._........-....$ 16,134,301 Travel .._._......--_..--..-.$ 347,680 Motor Vehicle Equipment Purchases .______________$ --0-- Publications and Printing ,,...__.-....._.....,,....._.$ 1,510 Equipment Purchases .._......_....-._........._..$ --0-- Per Diem and Fees ----___..._..,,.......-___..._...,,___-._...$ --0-- Computer Charges ----...-,,....-..-__._........-_...._-.._.....$ --0-- Capital Outlay --------.-- ----------------$ 11,591,280 Total Funds Budgeted ___,,__._.._.______________.___________.__..$ 60,591,898 State Funds Budgeted ............................................I 60,591,898 Total Positions Budgeted 4,663 3. Authorities Budget: State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals ___.____$ 32,474,681 Total Funds Budgeted ........_____..,,_._......._.__........__..$ 32,474,681 State Funds Budgeted .____,,_._______._______,,..._______..___$ 32,474,681 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases _....._.__..___...$ 2,799,095 Equipment Purchases ______..________,,.__--______.____________$ 1,221,075 Capital Outlay ------------------------.$ 1,596,600 MONDAY, FEBRUARY 11, 1974 1713 Total Funds Budgeted ........... ....^ 5,616,770 State Funds Budgeted ............ ^ 5,000,000 5. Assistance to Counties Budget: Grants to Counties ..........$ 9,317,013 Total Funds Budgeted .....................................--^ 9,317,013 State Funds Budgeted _.. $ 9,317,013 6. Tollways Facilities Budget: Personal Services ............ ^ Regular Operating Expenses ....___..._._.........__..._..$ Travel ..........---$ Motor Vehicle Equipment Purchases ...............-$ Publications and Printing _________________..________-_._.----$ Equipment Purchases ............ ..-^ Per Diem and Fees '....,,..._.._,,--____.__..,,_.__..__ $ Computer Charges _-_.............-----.,,_.---------------$ Total Funds Budgeted .........._._......._....._..._....._.__....$ State Funds Budgeted ...-----$ Total Positions Budgeted 151,391 2,094,182 2,000 --0-- 5,000 --0-- --0-- --0-- 2,252,573 2,252,573 10 7. Administration Budget: Personal Services ......................$ Regular Operating Expenses ..........................--...^ Travel .-.-.$ Motor Vehicle Equipment Purchases __.._.....___..$ Publications and Printing .......... ^ Equipment Purchases .......................^ Per Diem and Fees ................ ^ Computer Charges ................... ^ Total Funds Budgeted ............................................I State Funds Budgeted _..........._............._.........__.._...$ Total Positions Budgeted 5,331,069 1,911,163 346,021 --0-- 370,060 --0-- 7,200 1,600,000 9,565,513 9,565,513 436 Appropriation of State funds in the foregoing Department of Transportation budgets 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 Ad ministrative 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 immediately preceding fiscal year and enter the full amount so deter mined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein. Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Better ments, Authority Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, Tollways Facilities and Grants to Counties, 1714 JOURNAL OF THE HOUSE, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget. 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 ac cordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the Depart ment of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Re port, such excess amount may be used and is herein specifically ap propriated for new authority lease rentals to permit the issuance of bonds to finance new projects. For State matching participation in costs of construction, recon struction, improvement in highways, and highway planning, in coopera tion 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 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. Pro vided, 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 authorization for the letting and execution of highway contracts essen tial 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 ap propriated to the Department of Transportation. For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for ap propriations to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service require ments on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation. Provided, that in the event that lease rental obliga tions shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appropriated to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt in an amount not to exceed $30,000,000 in princi pal amount to finance a new program for the construction or reconstruc- MONDAY, FEBRUARY 11, 1974 1715 tion of public roads and bridges. Provided, further, that in the event the Georgia State Financing and Investment Commission, for any reason, should decide not to use the General Obligation procedures established by the Constitution to finance said new program for the construction or reconstruction of public roads and bridges, the same excess amount is then designated and specifically appropriated for additional Authority lease rentals to the Georgia Highway Authority to permit the issuance of new Authority bonds to finance the construction or reconstruction of public roads and bridges. 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. For grants to counties for aid in county road construction and maintenance to be distributed and disbursed to various counties of the State by the Fiscal Division of the Department of Administrative Serv ices 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 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. Provided, further, that none of the funds in the Tollways Facilities Budget shall be available for use or expenditure for the West Georgia Tollway. 8. Assistance to Municipalities Budget: Grants to Municipalities _____._.-..._._._...___.____.__________.$ 9,317,000 Total Funds Budgeted ..............._..._.......................$ 9,317,000 State Funds Budgeted .. $ 9,317,000 For grants to municipalities for Capital Outlay 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 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 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 1716 JOURNAL OF THE HOUSE, 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 pay ments to be made on the last day of each quarter. 9. Air Transportation Budget: Personal Services -..-..-......--...-..---........-....-I Regular Operating Expenses _______..._______-,,___.__..._$ Travel ______________________.___.__________._____._____.___._-_____.____,,_.$ Motor Vehicle Equipment Purchases __._._______--.$ Publications and Printing ___..._.._.._..,,......._._.....,,..$ Equipment Purchases __.......-__.-_.__.--...-....--.--....--$ Per Diem and Fees ........__,,_.....-._......._,,...-_.._._.-.$ Computer Charges ..---..-...----......--_,,____.__.__________.$ Total Funds Budgeted ___... ... ...,,$ State Funds Budgeted _._.__..__.._....._._.....,,....._........$ Total Positions Budgeted 276,298 278,220 6,800 46,500 300 17,400 5,000 --0-- 630,518 430,518 18 10. Inter-Modal Transfer Facilities Budget: Personal Services -,,_____.__.__.____._____,,_________._.._._._____..$ 243,568 Regular Operating Expenses .__......_____....-_-_._......$ 537,280 Travel -....-.-_....,,-..-.-$ 16,000 Motor Vehicle Equipment Purchases _...__.._._._..$ --0-- Publications and Printing ________.__._________._..______.__..$ 14,500 Equipment Purchases -______,,_,,_________--____.._--_________$ 6,600 Per Diem and Fees __-.-..___.........__._.-...-_._......-_.__.._...$. --0-- Computer Charges -.,,-...-..-_,,....-._.--..-__..__-..._._.___...$ --0-- Capital Outlay ... ....... .,,.._....$ 976,000 Total Funds Budgeted ..............$ 1,793,948 State Funds Budgeted _........_.._..$ 1,793,948 Total Positions Budgeted 19 11. Harbor Maintenance Budget: Harbor Maintenance Payments __________________________.$ Total Funds Budgeted ............._..$ State Funds Budgeted _............$ 250,000 250,000 250,000 12. Pilot Bikeways Budget: Regular Operating Expenses ................................I Capital Outlay -..-.--...... ...................$ Total Funds Budgeted ...................if State Funds Budgeted _._._...___________,,.._______,,____.__.__._.$ 25,000 75,000 100,000 100,000 Budget Unit Object Classes: Personal Services .._...._._._...........$ 92,093,642 Regular Operating Expenses _____.___.____.,,_________._.$ 27,278,061 Travel ...................$ 3,398,541 Motor Vehicle Equipment Purchases __,,----___,,.$ 2,845,595 MONDAY, FEBRUARY 11, 1974 1717 Publications and Printing ...._....._....._._..__._._..._.___.$ 417,645 Equipment Purchases ___.____________________._-._.__________-_.$ 1,245,075 Per Diem and Fees .............4 12,200 Computer Charges ...................... ^ 1,600,000 Capital Outlay ________________________________._______________________$172,154,467 Grants to Municipalities .......................................$ 9,317,000 Harbor Maintenance Payments ........_............_.._...$ 250,000 Grants to Counties .........-....$ 9,317,013 State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals ...............$ 32,474,681 For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance. Provided, that the Department of Transportation is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equipment. Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 25% of an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, that the entire amount of the above allocation for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah. Section 38. Department of Veterans Service. Budget Unit: Department of Veterans Service ..................... ..^^^ 4 6,492,489 1. Veterans Assistance Budget: Personal Services ..........$ Regular Operating Expenses ._--___..______________.____.$ Travel .........................^ Motor Vehicle Equipment Purchases ._..._............$ Publications and Printing ....._......._.._._.._.._...._......$ Equipment Purchases ................ ^ Per Diem and Fees .................. J^ Computer Charges _.......__.........................._...._._.._...$ Grants to Confederate Widows ............................^ Total Funds Budgeted ............................................$ State Funds Budgeted ............................................I Total Positions Budgeted 1,757,867 106,773 62,357 --0-- 20,659 12,931 7,800 --0-- 25,118 1,993,505 1,764,746 172 2. Veterans Home and Nursing Facility -- Milledgeville Budget: Personal Services ....................................................$ 71,059 1718 JOURNAL OF THE HOUSE, Regular Operating Expenses ______.,,._,,_____--_-_,,_._--$ Travel .................. .^ Motor Vehicle Equipment Purchases ._------,,--$ Publications and Printing ............... .........^ Equipment Purchases ............ .^ Per Diem and Fees .-----.-$ Computer Charges _..._.........,,__.._....-..........--......._--$ Operating Expenses/Payments to Central State Hospital ......... .^ Capital Outlay ......... .^ Total Funds Budgeted _._....._._._........................_.._...$ State Funds Budgeted ..........................................I Total Positions Budgeted 28,000 1,000 --0-- --0-- 22,000 2,300 --0-- 3,668,315 3,250,000 7,042,674 3,509,959 7 3. Veterans Nursing Home-- Augusta Budget: Operating Expense/Payments to Medical College of Georgia .______.____.______._____,,.$ Total Funds Budgeted ..................... ^ State Funds Budgeted ..........................................^ Total Positions Budgeted 1,605,414 1,605,414 1,217,784 --0-- Budget Unit Object Classes: Personal Services ..................... ..^ Regular Operating Expenses _______._______.___.--..____-.$ Travel _ _ __ $ Motor Vehicle Equipment Purchases _,,_....._.__..$ Publications and Printing _.......__.._........,,._._......_..$ Equipment Purchases .................... ^ Per Diem and Fees ................$ Computer Charges ..............................$ Grants to Confederate Widows ._......_.......__......__..$ Operating Expense/Payments to Central State Hospital ......_._.....,,._.........._...........$ Operating Expense/Payments to Medical College of Georgia .---.--$ Capital Outlay ......_.........._......__......__......__.._._....._...$ 1,828,926 134,773 63,357 --0-- 20,659 34,931 10,000 --0-- 25,118 3,668,315 1,605,414 3,250,000 Section 39. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board ....___.$ 1,494,309 Departmental Operations Budget: Personal Services ....._......,,..__......__.._....._......._..__._...$ Regular Operating Expenses ................................I Travel .................$ Motor Vehicle Equipment Purchases ,,--.________..$ Publications and Printing ....................................I Equipment Purchases .................. .^ Per Diem and Fees ................................................I Computer Charges ......................^ Total Funds Budgeted ...........................................I 1,207,109 168,800 26,500 --0-- 10,000 57,500 5,000 19,400 1,494,309 MONDAY, FEBRUARY 11, 1974 1719 State Funds Budgeted Total Positions Budgeted ...... ,,,,.,,,,......,,$ 1,494,309 91 Budget Unit Object Classes: Personal Services -.........----.-..$ Regular Operating Expenses _________.___._.___________.___.$ Travel .._._____$ Motor Vehicle Equipment Purchases ___.___.___.___.$ Publications and Printing .._..$ Equipment Purchases ....--_.-........$ Per Diem and Fees ...._..._-_.-.......-_.._.....-._-_.-,,.....__..$ Computer Charges ............._....$ 1,207,109 168,800 26,500 --0-- 10,000 57,500 5,000 19,400 Section 40. For the cost of implementing a five percent pay in crease for State employees, public school teachers, University System personnel, school bus drivers, Georgia Building Authority employees, Uniform Division of Georgia State Patrol, members of the Division of Investigation and county Merit System employees in the Department of Human Resources, there is hereby appropriated $41,700,000. Section 41. In addition to these appropriations, there is hereby ap propriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gas oline 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 gasoline. Section 42. In accordance with, the requirements of Article VII, Section VI, Paragraph la of the Constitution 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 pay ments 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 constitu tional provision, as amended, or appropriated for the fiscal year begin ning July 1, 1974, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State in curred 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. 1720 JOURNAL OF THE HOUSE, Section 43. All expenditures and appropriations made and au thorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the regular 1974 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 ap propriation, nor which would require operating funds or capital outlay funds beyond fiscal year 1975, and provided, further, that no funds what soever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures 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 44. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1975 submitted to the 1974 Georgia General Assembly. Section 45. The Director of the Budget shall determine the ap propriations contained in this Act to which the Federal Revenue Sharing Funds contemplated in this Act shall apply. It is the intent of this General Assembly, however, that to the greatest extent feasible, such Federal Revenue Sharing Funds be applied to capital outlay and other items of a nonrecurring nature. Section 46. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the ap propriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. TOTAL APPROPRIATIONS F.Y. 1975 _.......-._........_..._.._....._.......................$l,657,971,890.75. Section 47. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. MONDAY, FEBRUARY 11, 1974 1721 Section 48. 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 1377, designating Mr. Floyd of the 5th as Chairman thereof. The Speaker called the House to order. The Committee of the Whole arose and through its Chairman reported that progress is being made on the Committee substitute to HB 1377 and that said Committee respectfully requests permission to sit again tomorrow, February 12, 1974, at 9:45 o'clock, A. M., in order that deliberation may be continued. 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 announced the House adjourned until 9:30 o'clock, tomorrow morning. 1722 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Tuesday, February 12, 1974 The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker Pro Tempore. Prayer was offered by Bishop William R. Cannon, Resident Bishop, United Methodist Churches of Georgia. By unanimous consent, the call of the roll was dispensed with. Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. The following report of the Committee on Rules was read and adopted: Mr. Speaker: Your Committee on Rules met and fixed the calendar for Tues day's business, February 12, 1974, and submits the following: HB 1011. Counties & Cities, Local Income Tax TUESDAY, FEBRUARY 12, 1974 1723 HB 1012. Counties & Cities, Local Sales Tax HB 1031. Metro Atlanta Rapid Transit, Tax HB 1465. Credit Union Dep. Ins. Corp. HB 1507. Penal & Criminal Statutes, Emergency, Gov. HB 1508. Motor Vehicle Flashing Blue Lights HB 1509. Interstate Civil Defense & Disaster Compact HB 1512. Marta, Sales Tax Levied for Support HB 1528. Demand for Trial, Held in Abeyance HB 1535. Forestry Comm.; Trees infested HB 1572. Judges & Justices; Transfer HB 1610. Marta, Tax Proceeds, Operation HB 1627. Income Tax, Funds Withheld, Felony HB 1628. Sales Tax, Funds Collected, Felony HB 1665. Consumer Rebate or Disc., Buyer Leads HB 1684. Marta, Labor Disputes, Prohibit Strikes HB 1697. Workmen's Compensation, Employee Coverage HB 1705. Fiduciary Investment Co., Real Estate SR 284. Hwy. 441, Designate Blue Star Memorial Hwy. HB 1377. General Appropriations Bill HB 127. Criminal Cases, Jury Verdict HB 450. Water Supply Systems, Health HB 1258. Exam of Water Well Contractors (Tabled) HB 1364. Counties, Stds. for Budget, Audit HB 1593. Cty. City Golf Course, Sell Malt Beverages HB 1676. Insurance; Funeral Contracts SB 153. Insurance; Physician and Doctor SB 227. Area Planning and Development Comm. Contracts The Speaker shall have the right to call the above Bills and Resolu tions in any order which he may desire. Respectfully submitted, /s/ Lambert of 97th, Vice-Chairman By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: 1724 JOURNAL OF THE HOUSE, HB 1926. By Messrs. Wall of the 61st and Russell of the 62nd: A Bill to be entitled an Act to amend an Act to create a new charter for the Town of Auburn, so as to change the corporate limits of said town; to change the residency requirement for voting in the elections of said town; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1927. By Messrs. Wall of the 61st and Russell of the 62nd: A Bill to be entitled an Act to amend Code Section 92-4101, relating to limitation on cities' right of taxation, so as to include the City of Auburn as one of the cities and towns to which the prohibition of the Code Section does not apply; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1928. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of Butts County, so as to provide an expense allowance for each commissioner; to increase the amount of merchandise which may be purchased or sold without advertising for bids; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1929. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act placing the treasurer of Butts County upon an annual salary, so as to change the compensation of the treasurer; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1930. By Mr. Carrell of the 71st: A Bill to be entitled an Act to create and establish a Small Claims Court in and for each county of the State having a population of not less than 22,830 and not more than 23,500; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. TUESDAY, FEBRUARY 12, 1974 1725 HB 1931. By Mr. Collins of the 122nd: A Bill to be entitled an Act to create the Hinsonton Water Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1932. By Mr. Collins of the 122nd: A Bill to be entitled an Act to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the provisions relating to the compensation of the chairman and members of the Board of Commissioners of Mitchell County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1933. By Mr. Irwin of the 113th: A Bill to be entitled an Act to amend the charter of the Town of Shellman in Randolph County, so as to provide for recall elections; to provide special elections for filling vacancies; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1934. By Messrs. Harden and Rogers of the 128th: A Bill to be entitled an Act to amend an Act creating the State Court of Glynn County, so as to comprehensively and exhaustively revise, supersede, consolidate and modernize the provisions of said Act, as amended; to redefine the jurisdiction and powers of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1935. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act placing the coroner of Butts County upon an annual salary, so as to change the compensation of the coroner; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1936. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act placing the Sheriff of 1726 JOURNAL OF THE HOUSE, Butts County upon an annual salary, so as to change the compensation of the Deputy Sheriffs of Butts County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1937. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Barnesville, so as to change the terms of office of the mayor and councilmen; to change the date on which the municipal election is conducted; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1938. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to provide for the submission and approval of annual budgets for the office of the sheriff in certain counties of this State (population of not less than 23,480 and not more than 23,565); and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1939. By Messrs. Cole of the 6th, Turner of the 3rd: A Bill to be entitled an Act to create a board of elections in certain counties (population of not less than 51,000 and not more than 55,110); to provide for the appointment, terms and qualifications of members; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1940. By Mr. Larsen of the 102nd: A Bill to be entitled an Act to amend an Act requiring all pecan proces sors and wholesalers in the State of Georgia to secure a license from the Department of Agriculture, enacted by the General Assembly of Georgia at the 1974 regular session (HB 1042, Act number..______); so as to authorize the Commissioner of Agriculture to exempt from any of the prohibitions and requirements of the Act of any licensed wholesaler who sells only to another licensed wholesaler or to a processor licensed under said Act; and for other purposes. Referred to the Committee on Agriculture. HB 1941. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to amend an Act completely and exhaustive- TUESDAY, FEBRUARY 12, 1974 1727 ly revising, superseding and consolidating the laws relative to game and fish, so as to provide for a full deer hunting season with dogs in Webster and Stewart Counties each year; and for other purposes. Referred to the Committee on Recreation. HB 1942. By Messrs. Larsen of the 102nd and Murphy of the 18th: A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to change the method of selecting the members of the Board of Public Safety; to provide for the election of officers by the Board; to provide for the membership of the Promotion Board; and for other purposes. Referred to the Committee on Rules. HR 658-1942. By Mr. Hays of the 1st: A Resolution authorizing the conveyance of certain State-owned real property located in Union County, Georgia, to the United States; autho rizing the acceptance of certain property owned by the United States and located in Union County; and for other purposes. Referred to the Committee on State Institutions & Property. HR 659-1942. By Mr. Harris of the 51st: A Resolution proposing an amendment to the Constitution so as to authorize the County of DeKalb to issue bonds for lawful public pur poses without an election under certain conditions; and for other pur poses. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 660-1942. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th: A Resolution proposing an amendment to the Constitution so as to create the Douglasville-Douglas County Stadium Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1943. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commis sioner of Habersham County; so as to change the maximum salary which the tax commissioner may be paid; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. 1728 JOURNAL OF THE HOUSE, HB 1944. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend an Act abolishing the fee sys tem and providing an annual salary for the Ordinary of Habersham County, so as to change the provisions relative to the clerk of the ordinary; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1945. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to provide for the licensing and regulation of the auto repair business in this State; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1946. By Messrs. Coleman, Jessup and Larsen of the 102nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Eastman, so as to provide that all obligations or debts of the city shall be paid only upon warrants or vouchers; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1947. By Messrs. Morgan of the 70th, Smith of the 74th, Adams of the 36th and Hutchinson of the 114th: 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 vehicles sold in this State after a certain date shall be equipped with a warning signal indicating when the lights of the motor vehicle are on or device which automatically turns such lights off; and for other purposes. Referred to the Committee on Motor Vehicles. HR 661-1947. By Messrs. Dean of the 60th and Mason of the 59th: A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of Sugar Hill who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000 per annum, shall be granted a homestead exemption of $2,000 from ad valorem taxation by said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. TUESDAY, FEBRUARY 12, 1974 1729 HB 1948. By Messrs. Connell of the 80th, Miles of the 79th, Sams of the 83rd, Dent of the 78th, Mulherin of the 81st and Beckham of the 82nd: A Bill to be entitled an Act to amend Code Section 23-2304, relating to burial of paupers, so as to increase the maximum allowable burial ex penses for paupers in certain counties (population of not less than 160,000 nor more than 165,000); and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1949. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1950. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Ordinary of Fayette County and providing an annual salary in lieu thereof, 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 1951. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Fayette County, so as to change the compensation of the tax commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1952. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act incorporating the Town of Tyrone, so as to change the corporate limits of the town; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1953. By Mr. Marcus of the 26th: A Bill to be entitled an Act to amend Code Chapter 84-10, relating to 1730 JOURNAL OP THE HOUSE, the practice of nursing, so as to define the practice of nursing; and for other purposes. Referred to the Committee on Health and Ecology. HB 1954. By Mr. Marcus of the 26th: A Bill to be entitled an Act to amend Code Chapter 84-10, relating to the practice of nursing, so as to provide that the Board of Examiners of Registered Nurses may establish reasonable fees for examinations, licenses, and renewals of licenses; to lower the minimum age for registration as a graduate nurse from 20 to 18 years of age; and for other purposes. Referred to the Committee on Health and Ecology. HB 1955. By Messrs. Bennett, Patten and Reaves of the 124th: A Bill to be entitled an Act to amend an Act incorporating the Town of Remerton, so as to change the name of the Town of Remerton to the City of Remerton; to change the provisions relating to the election of the mayor and council; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1956. By Mr. Floyd of the 6th: 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 a short title; to change the name of the Executive Board of the Georgia World Congress Center; to reconstitute and continue the Executive Board of the Georgia World Congress Cenuter as an authority; and for other purposes. Referred to the Committee on Appropriations. HB 1957. By Messrs. Atherton of the 19th, McDaniell of the 20th, Howard of the 19th, Nix and Duke of the 20th and Kreeger of the 21st: A Bill to be entitled an Act to change the boundaries of the seven Education Districts of the Cobb County School District; to provide for education districts; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1958. By Messrs. Patten and Bostick of the 123rd: A Bill to be entitled an Act to amend an Act abolishing the mode of compensating he Sheriff of Cook County known as the fee system TUESDAY, FEBRUARY 12, 1974 1731 and providing in lieu thereof an annual salary, so as to change the provision relating to reimbursing the sheriff for expenses incurred in feeding prisoners; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 662-1958. By Messrs. Coney, Dickey, Evans, Berlin, Pinkston and Brown of the 89th: A Resolution proposing an amendment to the Constitution so as to pro vide for the compensation of the elective members of the Board of Public Education and Orphanage of Bibb County and to authorize the General Assembly to hereafter provide by local law for such compensa tion without the necessity of any such local law being approved in a referendum election thereon; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 663-1958. By Messrs. Mason of the 59th and Wall of the 61st: A Resolution proposing an amendment to the Constitution so as to provide that residents of Gwinnett County who are totally disabled shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 664-1958. By Messrs. Mason of the 59th and Wall of the 61st: A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of Snellville who are 65 years of age or over or who are totally disabled shall be granted a homestead exemp tion of $2,000 from ad valorem taxation by said City; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1959. By Messrs. Kreeger of the 21st, Nix of the 20th and Howard of the 19th: A Bill to be entitled an Act to amend Code Chapter 29-4, relating to the recording of deeds and other registrable instruments, so as to maintain an index of registrable instruments pertaining to real estate, and for other purposes. Referred to the Committee on Special Judiciary. 1732 JOURNAL OP THE HOUSE, HB 1960. By Messrs. Sams of the 83rd, Connell of the 80th, Beckham of the 82nd, Mulherin of the 81st, Dent of the 78th and Miles of the 79th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for the County of Richmond, so as to change the term of the grand jury of Richmond County which shall submit each year to the governing authority of Richmond County a list of three certified public accounting firms from which the firm which shall audit the county offices is chosen; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 665-1960. By Messrs. Moyer of the 99th, Waddle of the 98th and Walker of the 100th: A Resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1961. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglasville, so as to change the corporate limits of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1962. By Messrs. Davis, Horton, Floyd of the 56th, Noble of the 48th, Burton of the 47th, Collins of the 45th, Geisinger of the 44th and Jordan of the 58th: A Bill to be entitled an Act to amend an Act creating the Recorder's Court of DeKalb County, so as to change the maximum punishment which may be imposed by the recorder's court; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1963. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to authorize each municipal corporation and each county of this State to enter into certain valid and binding con tracts to provide industrial waste water treatment services; and for other purposes. Referred to the Committee on Industrial Relations. TUESDAY, FEBRUARY 12, 1974 1733 HB 1964. By Mr. Bray of the 66th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Talbot County on an annual salary, so as to change the provisions re lating to the expenses of the sheriff's office; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1965. By Mr. Bray of the 66th: A Bill to be entitled an Act to amend an Act providing for the com pensation of the chairman and members of the Board of Commissioners of Meriwether County, so as to change the compensation of the chairman and members of the Board of Commissioners of Meriwether County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 666-1965. By Messrs. Duke of the 20th, Howard and Atherton of the 19th, McDaniell and Nix of the 20th, Kreeger of the 21st, and Burruss of the 21st: A Resolution proposing an amendment to the Constitution so as to create the Board of Elections of Cobb County and to provide for a Superintendent of Elections; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 667-1965. By Messrs. Nix of the 20th, Kreeger of the 21st, Atherton of the 19th, McDaniell and Duke of the 20th and Burruss of the 21st: A Resolution proposing an amendment to the Constitution so as to provide that the governing authorities of Cobb County and of each in corporated municipality located within Cobb County shall pay one-half of the revenues, after deducting administrative costs of not more than 10%, derived from taxes authorized by the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1966. By Mr. Oxford of the 101st: A Bill to be entitled an Act to amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, so as to permit the judge of said court to practice law in any court except the State Court of Sumter County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. 1734 JOURNAL OF THE HOUSE, HB 1967. By Messrs. Ware, Mullinax and Knight of the 65th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville in the County of Troup, so as to extend the corporate limits of the city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1968. By Messrs. Snow of the 1st, Floyd of the 5th, Cole and Foster of the 6th: A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Lookout Mountain Judicial Circuit, so as to change the salary of said court reporter; and for other pur poses. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1969. By Messrs. Brown of the 34th, Evans of the 89th, Patten of the 124th and Bond of the 32nd: A Bill to be entitled an Act to provide for the continuation of community action agencies in the State of Georgia; to establish an administrative office for community assistance in the office of the Governor; to au thorize appropriations for community assistance; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1970. By Mr. Reaves of the 124th: A Bill to be entitled an Act to provide that every licensed veterinarian and every operator of a facility for boarding animals or pets shall have a lien on such animals or pets for payment of charges for keeping, feeding or treating such animals or pets; to provide for custody; and for other purposes. Referred to the Committee on Agriculture. HB 1971. By Messrs. Hudson of the 115th, Fraser of the 117th and Bostick of the 123rd: A Bill to be entitled an Act to amend Code Section 85-406, relating to the obtaining of good title to realty by adverse possession, so as to change the provisions relating to the obtaining of good title by adverse possession in regard to certain classes of property; and for other pur poses. Referred to the Committee on Judiciary. TUESDAY, FEBRUARY 12, 1974 1735 HB 1972. By Mr. Carrell of the 71st: A Bill to be entitled an Act to provide that there shall be a board of tax assessors in certain municipalities within this State; to provide for the duties and powers of said board; and for other purposes. Referred to the Committee on Ways and Means. HR 668-1972. By Messrs. Wood, Whitmire and Williams of the 9th: A Resolution proposing an amendment to the Constitution so as to provide for a Commission of Public Safety for Forsyth County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1973. By Messrs. Irvin of the 10th, Ritchie of the llth and Twiggs of the 4th: A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Courts of the Mountain Judicial Circuit as ap plied to the official court reporter in felony cases and providing com pensation and salary for said official court reporter for attendance upon court in felony cases in the Superior Courts and for reporting and transcribing felony cases, so as to change the compensation of the court reporter; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1974. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, so as to change the term of court for the superior courts within the circuit; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1975. 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 relative to taxation for the support and maintenance of the public school system of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1976. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act consolidating the offices 1736 JOURNAL OF THE HOUSE, of tax receiver and tax collector of Bulloch County into the office of tax commissioner, so as to change the provisions relative to the com pensation of the assistants for the tax commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1977. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the superior court of Bulloch County, so as to change the provisions relative to the compensation of the deputy clerk and other assistants to the clerk; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1978. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Bulloch County, so as to change the provisions relative to clerical assistants; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1979. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act providing an annual salary for the ordinary of Bulloch County, so as to change the provisions re lative to the amount allowed for clerical help; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1980. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act placing the sheriff of Bulloch County on an annual salary, so as to change the provisions relative to the compensation of the sheriff's deputies; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1981. By Messrs. Edwards of the 95th, Castleberry of the 96th, Pearce of the 87th, Berry of the 86th and Buck of the 87th: A Bill to be entitled an Act to amend an Act relating to the use of State and privately-owned motor vehicles by State officials, officers and employees, so as to increase the mileage allowance authorized for TUESDAY, FEBRUARY 12, 1974 1737 State officials and employees when traveling in certain automobiles; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1982. By Mr. Smith of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Fairburn, so as to change the maximum penalty to be imposed by the City of Fairburn's Recorder's Court; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1983. By Mr. Smith of the 42nd: A Bill to be entitled an Act to amend an Act incorporating Union City, so as to change the date for holding elections for the office of Mayor and Council; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1984. By Messrs. Miles of the 79th, Sams of the 83rd, Dent of the 78th, Connell of the 80th, Mulherin of the 81st: 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 population of not less than 145,000 and not more than 165,000, so as to change the compensation provisions relative to employees in the sheriff's office; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 671-1984. By Messrs. Brown and Carlisle of the 67th: A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Fayette County School District who is 62 years of age or over and who has an income from all sources, including the income of all members of the family re siding within said homestead, not exceeding $6,000 per annum, shall be exempt from all ad valorem taxation for education purposes levied for and in behalf of such school system; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 672-1984. By Messrs. Brown and Carlisle of the 67th: A Resolution proposing an amendment to the Constitution so as to 1738 JOURNAL OF THE HOUSE, provide that the homestead of each resident of the Spalding County School District who is 62 years of age or over and who has an income from all sources, including the income of all members of the family residing within said homestead, not exceeding $6,000 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1985. By Mr. Tucker of the 69th: A Bill to be entitled an Act to provide for a new Board of Commissioners of Henry County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1986. By Mr. Tucker of the 69th: A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Henry County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1987. 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, so as to change the compensation of the tax com missioner of Henry County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1988. By Mr. Groover of the 75th: A Bill to be entitled an Act to amend an Act consolidating and codify ing the various acts incorporating the City of Forsyth in the county of Monroe, so as to change the qualifications of the Recorder; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1989. By Mr. Groover of the 75th: A Bill to be entitled an Act to provide for the compensation of the sheriff of Monroe County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. TUESDAY, FEBRUARY 12, 1974 1739 HR 673-1989. By Mr. Brown of the 67th: A Resolution proposing an amendment to the Constitution so as to provide that effective December 31, 1974, no ad valorem taxes shall be imposed or levied upon any intangible personal property; and for other purposes. Referred to the Committee on Ways and Means. HB 1990. By Mr. Larsen of the 27th: A Bill to be entitled an Act to amend Code Section 95A-961, relating to permits for excess weight and dimension, so as to change the provisions relating to fees; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1991. By Mr. Dean of the 17th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rockmart in the County of Polk, so as to change the corporate limits of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1992. By Messrs. Egan of the 25th, Dorminy of the 115th, and Carr of the 90th: A Bill to be entitled an Act to regulate the production of oil and gas; to provide a declaration of policy; to provide a short title; to define certain terms; to provide for the powers of the Board of Natural Resources; and for other purposes. Referred to the Committee on Natural Resources. HB 1993. By Messrs. Dorminy and Hudson of the 115th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Worth County on a salary basis, so as to change the compensation of said officer; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 1994. By Messrs. Dorminy and Hudson of the 115th: A Bill to be entitled an Act to provide an annual salary for the sheriff of each county in this State having a population of not less than 14,000 nor more than 15,000, to provide a procedure for fixing said salary; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. 1740 JOURNAL OF THE HOUSE, HB 1995. By Messrs. Bailey, Lee, Johnson and Northcutt of the 68th: A Bill to be entitled an Act to amend Code Section 92-5001, relating to the rate of interest due on unpaid taxes, so as to authorize a change in the date unpaid taxes shall commence bearing interest; and for other purposes. Referred to the Committee on Ways and Means. HB 1996. By Mrs. Hamilton of the 31st and Mr. Daugherty of the 33rd: A Bill to be entitled an Act to amend Code Chapter 88-18, relating to Hospital Authorities, so as to authorize the State of Georgia to make grants to hospital authorities; to provide that the Department of Human Resources shall administer such grants; and for other purposes. Referred to the Committee on Health and Ecology. HB 1997. By Mr. Roach of the 8th: A Bill to be entitled an Act to amend an Act known as "The Georgia Public Assistance Act of 1965", so as to provide that the Department of Human Resources may waive repayment of public assistance monies in accordance with regulations to be promulgated by the Department, which regulations shall conform to the Social Security Act and regula tions promulgated thereunder; and for other purposes. Referred to the Committee on Human Relations. HB 1998. By Mr. Busbee of the 114th: A Bill to be entitled an Act to authorize the Governor of Georgia to ap^ point an Attorney at Law to serve as Consumers' Rate Counsel in pending utility rate cases, to define the duties of Consumers' Rate Counsel, to provide for remuneration, to provide an effective date; and for other purposes. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time: HB 1918. By Mr. Larsen of the 27th: A Bill to be entitled an Act to amend an Act known as the "Georgia Scenic Trails Act", so as to change the title of such Act, to change the purpose of said Act, to change the provisions relating to definitions; and for other purposes. TUESDAY, FEBRUARY 12, 1974 1741 HB 1919. By Mr. Matthews of the 62nd: A Bill to be entitled an Act to amend an Act approved August 24, 1872 entitled "An Act to amend the charter of the Town of Athens . . .", so as to empower the governing authority of the Mayor and Council by ordinance to impose, assess, levy and collect an excise or transfer, or the dispensing of malt beverages and wine by wholesale dealers there of within the City of Athens; and for other purposes. HB 1920. By Mr. Irvin of the 10th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the provisions relative to the Sheriff's deputies; and for other purposes. HB 1921. By Mr. Irvin of the 10th: A Bill to be entitled an Act to amend an Act incorporating the Town of Martin, so as to change the provisions relative to the election of the members of the governing body of said Town; and for other purposes. HB 1922. By Mr. Phillips of the 103rd: A Bill to be entitled an Act to amend an Act placing the Sheriff of Montgomery County upon an annual salary, so as to change the provisions relative to the compensation of the sheriff's secretary; and for other purposes. HR 657-1922. By Mr. Phillips of the 103rd: A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall provide that property owned by the public utilities shall be assessed and taxed at 60% of its fair market value; and for other purposes. HB 1923. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend an Act to authorize the creation of district administrative units by the chief administrative officers; to provide for the authority of such administrative units; to require ap proval of the Board of Human Resources; and for other purposes. HB 1924. By Messrs. Berlin, Pinkston, Coney, Evans, Dickey and Brown of the 89th: A Bill to be entitled an Act to amend an Act entitled An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, 1742 JOURNAL OF THE HOUSE, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; and for other purposes. HB 1925. By Messrs. Matthews and Collins of the 122nd, Chance of the 112th, Patten of the 124th and Carr of the 90th: A Bill to be entitled an Act to allocate to the producers of ammonia for nitrogen for inclusion in commercial fertilizers, sufficient quantities of natural gas, in order to prevent the impairment of this State's ability to produce the necessary food requirements of its citizens; to provide definitions; to authorize the Georgia Public Service Com mission to issue rules and regulations to implement the provisions of this Act; and for other purposes. SB 438. By Senator Smalley of the 28th: A Bill to be entitled an Act to amend an Act providing home rule for municipalities, so as to require publication of notice of change of salary of members of municipal legislative bodies; and for other purposes. SB 521. By Senator Coverdell of the 40th: A Bill to be entitled an Act to amend an Act relating to the introduc tion of Bills relative to retirement, pension and emeritus systems and requiring fiscal notes therefor, so as to provide for actuarial studies under certain circumstances; and for other purposes. SB 617. By Senators Barker of the 18th and Kidd of the 25th: A Bill to be entitled an Act to amend Code Chapter 88-4 of the Georgia Code Annotated related to rehabilitation of alcoholics and drug dependent individuals, to provide options for the diversion of selected drug of fenders to treatment; and for other purposes. Mr. Brown of the 67th District, Chairman of the Committee on Health and Ecology, submitted the following report: Mr. Speaker: Your Committee on Health and Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations. HB 1735. Do Pass. HB 1501. Do Pass. HB 1797. Do Pass. TUESDAY, FEBRUARY 12, 1974 1743 HB 1832. Do Pass. HB 1796. Do Pass. HR 567-1705. Do Not Pass. Respectfully submitted, Brown of the 67th, Chairman. 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 Senate and has instructed me to report same back to the House with the following recommendations: HB 1631. Do Pass. SB 496. Do Pass. Respectfully submitted, Lambert of the 97th, Vice-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 con sideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 1626. Do Pass. HR 634-1893. Do Pass. HR 591-1761. Do Pass. HR 592-1765. Do Pass, by Substitute. Respectfully submitted, Rush of the 104th, Vice-Chairman. 1744 JOURNAL OP THE HOUSE, Mr. Levitas of the 50th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs (Local Legislation) has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations: HB 1487. Do Pass. HB 1864. Do Pass. HB 1867. Do Pass. HB 1868. Do Pass. HB 1869. Do Pass. HB 1872. Do Pass. HB 1873. Do Pass. HB 1874. Do Pass. HB 1880. Do Pass. HB 1886. Do Pass. HB 1896. Do Pass. HB 1898. Do Pass. HB 1899. Do Pass. HB 1902. Do Pass. HB 1903. Do Pass. HB 1904. Do Pass. HB 1906. Do Pass. HB 1907. Do Pass. # HB 1908. Do Pass. HB 1911. Do Pass. HB 1915. Do Pass. HR 629-1888. Do Pass. HR 632-1889. Do Pass. HR 653-1916. Do Pass. HR 654-1916. Do Pass. HR 655-1916. Do Pass. HR 656-1916. Do Pass. TUESDAY, FEBRUARY 12, 1974 1745 SB 187. Do Pass. SB 576. Do Pass. SB 585. Do Pass. SB 597. Do Pass. Respectfully submitted, Levitas of the 50th, Chairman. By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 1487. By Mr. Cole of the 6th: A Bill to be entitled an Act to amend an Act approved February 24, 1874, amending and codifying the various acts incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain employees of the City of Dalton; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1864. By Messrs. Roach, Thomason and Harris of the 8th: A Bill to be entitled an Act to amend an Act creating the office of com missioner of Cherokee County, so as to provide for a board of com missioners of Cherokee 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. 1746 JOURNAL OF THE HOUSE, HB 1867. By Mr. Peters of the 2nd: A Bill to be entitled an Act to amend an Act placing the Sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to the deputies; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1868. 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 change the compensation of the commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1869. By Mr. Peters of the 2nd: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Catoosa County, so as to increase the clerical allowance 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. TUESDAY, FEBRUARY 12, 1974 1747 HB 1872. By Mr. Irvin of the 10th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of Stephens County, so as to change the provisions relative to said board of commissioners; to provide the voters with certain options relative to the governing authority of Stephens County by referendum election; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1873. By Messrs. Roach, Thomason and Harris of the 8th: A Bill to be entitled an Act to amend an Act placing certain of the county officers of Cherokee County upon an annual salary, so as to change the compensation of the sheriff 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1874. By Messrs. Roach, Thomason and Harris of the 8th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and ordinary of Dawson County upon an annual salary, so as to change the compensation of the ordinary and the deptuy 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 110, nays 0. 1748 JOURNAL OP THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1880. By Messrs. Kreeger and Burruss of the 21st, Wilson of the 19th, McDaniell of the 20th, Atherton of the 19th, Duke and Nix of the 20th and Howard of the 19th: A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Marietta, so as to extend the corporate limits of said city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1886. By Messrs. Mason of the 59th and Wall of the 61st: A Bill to be entitled an Act to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to change the election procedures for the governing authority of the said City; to increase the maximum punishment allowed by the 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1896. By Mr. Groover of the 75th: A Bill to be entitled an Act creating and establishing a Small Claims Court for Jones County, to be known as the Small Claims Court of Jones County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. TUESDAY, FEBRUARY 12, 1974 1749 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1898. By Messrs. Roach, Harris and Thomason of the 8th: A Bill to be entitled an Act to fix the compensation of the county commissioner of each county of this State having a population of not less than 30,000 or more than 31,500; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1899. By Messrs. Bohannon and Patterson of the 64th, Mullinax and Ware of the 65th: A Bill to be entitled an Act to provide the method of filling vacancies in the membership of the Heard County Memorial Hospital Authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1902. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Glynn County upon an annual salary, so as to provide for additional personnel within the sheriff's office; to change the compensation of the sheriff and certain personnel within the sheriff's office; and for other purposes. 1750 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1903. By Messrs. Bennett and Reaves of the 124th: A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of said city; to au thorize the City of Valdosta to own and operate a public transportation system in the city and in Lowndes County, and to contract for the operation of such system; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1904. By Messrs. Chance of the 112th, Gignilliat of the 105th, Blackshear of the 106th, Triplett of the lllth, Jones of the 109th, Alien of the 108th, Hill of the 110th and Ellis of the 107th: A Bill to be entitled an Act to create a charter for the City of Bloomingdale in the County of Chatham; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1906. By Messrs. Roach of the 8th, Whitmire, Williams and Wood of the 9th: A Bill to be entitled an Act to create a court to be known as "State Court of Cherokee and Forsyth Counties"; and for other purposes. TUESDAY, FEBRUARY 12, 1974 1751 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1907. By Messrs. Morgan of the 70th and Tucker of the 69th: A Bill to be entitled an Act to amend an Act repealing an Act incorporating the city of Covington and granting a new charter to the City of Covington, so as to change the provisions relating to the election of the mayor and councilmen; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1908. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd, Dent of the 78th, Beckham of the 82nd, Lewis of the 77th and Connell of the 80th: A Bill to be entitled an Act to fix the compensation of the ordinaries in certain counties (population of nbt less than 145,000 nor more than 165,000) and to provide for the employment and compensation of person nel within such ordinaries' offices; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1911. By Messrs. Sams of the 83rd, Beckham of the 82nd, Dent of the 78th, Mulherin of the 81st, Miles of the 79th, Lewis of the 77th and Connell of the 80th: A Bill to be entitled an Act to make unlawful certain acts of cruel treatment of animals in certain counties (population of not less than 145,000 nor more than 165,000); to provide definitions; to provide for Animal Control Units in such counties; to make unlawful physical abuse of animals; and for other purposes. 1752 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1915. By Messrs. Carlisle and Brown of the 67th: A Bill to be entitled an Act to amend an Act reincorporating and creating a new charter for the City of Fayetteville, so as to redefine 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. SB 187. By Senators Henderson of the 33rd and Moore of the 56th: A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, as amended, so as to create an office of magis trate; to provide for other matters relative to the foregoing; to provide for severability; to provide 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 ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. Mr. Atherton of the 19th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to SB 187. TUESDAY, FEBRUARY 12, 1974 1753 SB 576. 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 salary of the judge of said court; to provide 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 ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 585. By Senator McGill of the 24th: A Bill to be entitled an Act to amend an Act creating the Oglethorpe Development Authority, so as to change the composition of such Authority; to change the provisions relating to the appointment and terms of office of the members; 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. SB 597. By Senator McGill of the 24th: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Oglethorpe County, known as the fee system; to provide in lieu thereof an annual salary; to provide 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 ayes were 110, nays 0. 1754 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HR 629-1888. By Messrs. Mason of the 59th and Wall of the 61st: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to levy an annual tax not to exceed two mills per dollar on all taxable property located therein to provide funds to pay or to be applied toward the cost of operating and maintaining the water and sewerage system of Gwinnett County or the water or water and sewerage system of the Gwinnett County Water and Sewerage Authority, or both, and to pay, in whole or in part, the principal of and interest on water and sewerage revenue bonds here tofore issued and hereafter issued, from time to time, by Gwinnett County or water or water and sewerage revenue bonds of the Gwinnett County Water and Sewerage Authority, or both, and to provide funds for making additions, extensions and improvements to said water and sewerage system or water or water and sewerage system, or both; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VII, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: "The governing authority of Gwinnett County is hereby au thorized to levy an annual tax, in addition to any other tax authorized to be levied, not to exceed two mills per dollar on all taxable property located in said County. The proceeds of such tax shall be used to pay or be applied toward the cost of operating and maintaining the water and sewerage system of Gwinnett County or the water or water and sewerage system of the Gwinnett County Water and Sewerage Authority, or both, and to pay, in whole or in part, the principal of and interest on water and sewerage revenue bonds heretofore issued and hereafter issued, from time to time, by Gwinnett County or water or water and sewerage revenue bonds of the Gwinnett County Water and Sewerage Authority, or both, and to provide funds for making additions, extensions and improve ments to said water and sewerage system or water or water and sewerage system, or both. Said levy and the appropriation of said funds for the aforesaid purposes shall not lapse and shall commence with the year thereof and shall continue from year to year thereafter in the full amount in accordance with the proceedings authorizing the same in connec tion with the issuance from time to time of water and sewerage revenue bonds by Gwinnett County or of water or water and sewerage revenue bonds by the Gwinnett County Water and Sewer age Authority, or both. TUESDAY, FEBRUARY 12, 1974 1755 This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to Gwinnett County and the Gwinnett County Water and Sewerage Autnoricy not inconsistent with the provisions of this amendment." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize the governing authority of Gwinnett County to levy an annual tax not to exceed two mills per dollar ( ) NO on all taxable property located in Gwinnett County and to' provide that the proceeds of such tax shall be used to pay or to be applied toward the cost of operating and maintaining the water and sewerage system of Gwinnett County or the water or water and sewerage system of the Gwinnett County Water and Sewerage Authority, or both, to pay, in whole or in part, the principal of and interest on water and sewerage revenue bonds heretofore issued and hereafter issued, from time to time, by Gwinnett County or water or water and sewerage revenue bonds of the Gwinnett County Water and Sewerage Au thority, or both, and to provide funds for making ad ditions, extensions and improvements to said water and sewerage system or water or water and sewerage system, or both?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Para graph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Berlin 1756 Blackshear Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, S. P. Burton Busbee Carlisle Carr Carrell Chance Clark Cole Coleman Coiling, M. Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grantham Groover Harden Harrington Harris, J. F. JOURNAL OF THE HOUSE, Harris, J. R. Harrison Hatcher Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee 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, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs. : Adams, M. Alien Atherton Berry Bostick Brantley, H. L. Brown, C. Buck Burruss Castleberry Colwell Daugherty Dollar Poster Grahl Greer Hamilton Hawes Hill, G. TUESDAY, FEBRUARY 12, 1974 1757 Irwin Jordan Matthews, D. R. Patten, G. C. Peters Petro Rainey Reaves Smith, V. B. Thomason Townsend Twiggs Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. HR 632-1889. By Messrs. Connell of the 80th, Mulherin of the 81st, Dent of the 78th and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing estab lishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution of. Georgia is hereby amended by adding at the end thereof the follow ing : "All capital improvements of each new manufacturing establish ment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time of its establishment provided such establish ment has a paid-in capital stock of $50,000. Each addition to the capital improvements of an existing manufacturing establishment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time such addition is made if the cost of such addition is $50,000, or more. For the purpose of this exemption the term 'manu facturing establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabricating or changing things into new forms for use or in refining, rectifying or combining different materials for use. The term 'capital improve ments' shall mean and include property, buildings, machinery and equipment directly connected with the manufacturing process, but shall not include property held for investment purposes only." 1758 JOURNAL OF THE HOUSE, Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to exempt the capital improvements of certain manufacturing establishments and certain additions thereto from all ( ) NO Richmond County ad valorem property taxes, except school taxes, for a period of five years following their establishment or addition?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Berlin Blackshear Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, S. P. 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 Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grantham Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays TUESDAY, FEBRUARY 12, 1974 1759 Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee 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, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Adams, M. Alien Atherton Berry Bostick Brantley, H. L. Brown, C. Buck Burruss Castleberry Colwell Daugherty Dollar Foster Grahl Greer Hamilton Hawes Hill, G. Irwin Jordan Matthews, D. R. Patten, G. C. Peters Petro Rainey Reaves Smith, V. B. Thomason Townsend Twiggs Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. 1760 JOURNAL OF THE HOUSE, HE 653-1916. By Messrs. Bennett and Reaves of the 124th: A RESOLUTION Proposing an amendment to the Constitution so as to establish the Central Valdosta Development Authority and to provide for the powers, duties, and responsibilities of said authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following: "1. There is hereby created in the City of Valdosta, Lowndes County, Georgia, the Central Valdosta Development Authority, to be composed of seven (7) members, four (4) of whom shall be owners of an interest of at least a life estate or greater interest in real estate located in the Central Valdosta Area, as hereinafter defined, or officers at the time of appointment of a corporation or other association owning such real estate or in fee or for life of an undivided interest in such real estate, and they shall be eligible to serve for the term for which they are appointed; one member shall be the Mayor of the City of Valdosta by virtue of his office and two (2) members shall be, at the time of their appoint ment, merchants or professional people operating businesses or practicing professions within the Central Valdosta Area, as herein after defined. The Mayor of the City of Valdosta shall serve during his term of office as mayor. Three (3) of the other six (6) members shall be appointed by the Mayor and Council of the City of Valdosta for a period of one (1) year, and three (3) shall be appointed for a period of two (2) years, and thereafter the terms of the six (6) appointed members shall be two (2) years. 2. The Central Valdosta Area shall consist of that area bounded on the north by Magnolia Street, on the east by Lee Street, on the south by Branch Street and on the west by Toombs Street. Said Area shall include all properties abutting on the north side of Magnolia Street, the east side of Lee Street, the south side of Branch Street and the west side of Toombs Street within the area described. 3. The Central Valdosta Development Authority shall be a body corporate and politic, having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell and convey real and personal property, tangible or intangible at public or private sale with or without advertisement, and to do all things necessary to the accomplishment of its purposes. 4. The purpose of said Authority shall be the redevelopment and improvement of the Central Valdosta Area, and said Authority shall have the power to employ engineers, architects, surveyors, TUESDAY, FEBRUARY 12, 1974 1761 landscape architects, planners and others in the furtherance of its purpose, to assist public bodies and private owners in the improve ment of public and private properties by assisting in the planning therefor, to contract for the construction, remodeling, altering and demolition of buildings, and to contract with the City of Valdosta and other public bodies for the construction, reconstruction, alter ing and changing streets, alleys and malls. 5. The Authority shall have the power to create special tax districts within the Central Valdosta Area to levy and collect taxes within each of said districts not exceeding five (5) mills based on values fixed by the tax digest of the City of Valdosta, Georgia, or the tax digest of the County of Lowndes as provided by law, to defray the costs of the foregoing, and to issue executions and en force payment of same in the same manner as tax executions for the City of Valdosta are issued and enforced by the City Marshal. Such executions shall be issued in the name of the Authority and shall be signed by an Authority member as chairman or clerk. Said tax executions shall bear interest and fi. fa. costs at the same rate and amount as tax executions of the City of Valdosta. 6. The Authority shall have the power to issue notes for other evidences of indebtedness including revenue bonds or revenue cer tificates, and to pledge revenues and to levy and collect taxes as hereinabove provided for the retirement of said indebtedness and to issue executions for enforcement thereof as provided in Para graph 5, provided, however, that the aggregate levy of taxes as provided for in Paragraph 5 and this paragraph shall not exceed five (5) mills. Obligations of the Authority may be secured by the pledge or conveyance of all or any part of its assets, real or personal, tangible or intangible, but the obligations of the Au thority shall not be obligations of the City of Valdosta or the State of Georgia. The Authority shall have the right to accept gifts and grants from whatever source and use them for its general purpose. The property, obligations and the interest on the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligations of the City of Valdosta. 7. No taxes shall be levied by said Authority for any purpose against property other than real property or against any real prop erty occupied by the owner exclusively as a residence or against any real property not subject to taxation by the City of Valdosta. 8. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives. 9. No funds of the Authority, except for planning, engineering and design, shall be spent on the improvement of private property. 10. This amendment is self-enacting and does not require any enabling legislation for it to become effective, however, the General Assembly may by law further define and prescribe the powers and 1762 JOURNAL OF THE HOUSE, duties of the Authority, and may enlarge the same and may likewise further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, 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 estab lish the Central Valdosta Development Authority ( ) NO and to provide for the powers, duties, and respon sibilities of said Authority?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Berlin Blackshear Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, S. P. 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 Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Grantham Gignilliat Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas TUESDAY, FEBRUARY 12, 1974 1763 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, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. 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. : Adams, Marvin Alien Atherton Berry Bostick Brantley, H. L. Brown, C. Buck Burruss Castleberry Colwell Daugherty Dollar Foster Grahl Greer Hamilton Hawes Hill, G. Irwin, J. R. Jordan Matthews, D. R. Patten, G. C. Peters Petro Rainey Reaves Smith, V. B. Thomason Townsend Twiggs Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. 1764 JOURNAL OF THE HOUSE, HR 655-1916. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that each resident of the City of Riverdale who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said city; to provide that federal oldage, survivor or disability benefits shall not be counted in the computa tion of income for either the resident and owner of the homestead or his spouse; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Riverdale who is 65 years of age or over is hereby granted an exemption of $2,000 from all ad valorem taxes levied by the City of Riverdale on the homestead owned and occupied by him as a residence, as provided herein. To qualify for the homestead exemption, the resident and owner of the homestead must not have an income from all sources, including the income of his spouse who also occupies and resides at such homestead, exceeding $4,000 per annum. Federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse. Any such resident shall not receive the benefits of such homestead exemption unless he, or through his agent, files an af fidavit with the governing authority or a person designated by the governing authority of the City of Riverdale, giving his age and the amount of income which he and his spouse received during the preceding year, and such additional information relative to receiving the benefits of such homestead exemption as will enable the gov erning authority or a person designated by the governing authority of the City of Riverdale, to make a determination as to whether such resident and owner is entitled to such exemption. The govern ing authority or a person designated by the governing authority of the City of Riverdale shall supply affidavit forms for this purpose. If such resident and owner is qualified to receive the oldage homestead exemption of $4,000 from Clayton County ad valorem taxes, proof of such exemption shall qualify such resident and owner of the City of Riverdale for the homestead exemption of $2,000 provided for herein. No homestead shall be subject to more than one exemption, and the value of the homestead in excess of the exemption authorized herein shall remain subject to ad valorem taxation by the City of Riverdale. The exemptions provided for herein shall apply to all taxable years beginning after December 31,1974." TUESDAY, FEBRUARY 12, 1974 1765 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 each resident of the City of Riverdale who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse ( ) NO who also occupies and resides at such homestead, shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said city and to provide that federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Berlin Blackshear Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, S. P. 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 Egan Elliott 1766 Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grantham Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Karrh Keyton King Knight Kreeger Lambert JOURNAL OF THE HOUSE, Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee 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, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. 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.: Adams, Marvin Alien Atherton Berry Bo stick Brantley, H. L. Brown, C. Buck Burruss Castleberry Colwell Daugherty Dollar Foster Grahl Greer Hamilton Hawes Hill, G. Irwin, J. R. Jordan Matthews, D. R. Patten, G. C. Peters Petro Rainey Reaves Smith, V. B. Thomason Townsend Twiggs Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. TUESDAY, FEBRUARY 12, 1974 1767 The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. HR 654-1916. By Messrs. Bennett and Reaves of the 124th: A RESOLUTION Proposing an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to delegate to the respective governing authorities of the City of Valdosta, and County of Lowndes, authority to merge and consolidate, by joint resolution, and with or without an en abling act of the General Assembly of Georgia, the offices, officers and functions of the City of Valdosta and of the County of Lowndes relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta, County of Lowndes and State of Georgia and respecting any and all other matters relating or incident to the same; to provide for the submission of this amend ment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article XI, Section I, Paragraph VI of the Constitution of Georgia is hereby amended by adding at the end thereof a new paragraph to read as follows: "Provided, however, that notwithstanding any provision of law or of this Constitution to the contrary, the respective governing authorities of the City of Valdosta and the County of Lowndes may, solely by their joint resolution, consolidate, merge, and com bine the offices, officers and functions of the City and of the County relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta and County of Lowndes and State of Georgia, and respecting any and all other matters relating or incident to the same, to specify and provide for the time, method and manner of performing any and all such matters and functions; provided further, however, that the Tax Commissioner of the County of Lowndes, as elected from time to time pursuant to law applicable to such office, shall be in charge of such combined and consolidated tax office and function, and such Tax Commissioner shall addition ally perform the duties of his office as Tax Commissioner as re quired by law; provided further, that any provision of law or of this Constitution to the contrary, the said Tax Commissioner shall be compensated by the City of Valdosta for the additional duties and responsibilities hereby imposed which compensation shall be in addition to that compensation heretofore or hereafter provided by law to be paid to him by the County of Lowndes said compensa tion to be agreed upon by said Tax Commissioner and the City of 1768 JOURNAL OF THE HOUSE, Valdosta annually or in the event a disagreement shall arise be tween the City of Valdosta and said Tax Commissioner or there shall be a failure to reach an agreement by the 31st day of January of each year, then the City of Valdosta or the Tax Commissioner shall be authorized to appeal to arbitration. In such event the City of Valdosta and the Tax Commissioner shall, within three days of the appeal to arbitration, name their respective arbitrators, each of them naming one arbitrator, and the two arbitrators so appointed shall choose a third arbitrator. In the event the two arbitrators so chosen are unable to agree on a third arbitrator within five days, the Judge of the Superior Court shall appoint a third arbitrator. Thereafter, the determination and judgment rendered by such arbitration committee shall be made within ten days, and the decision of such committee shall be the compensation to the Tax Commissioner from the City of Valdosta for that year and paid monthly; provided further, that the powers herein delegated may be exercised from time to time and either together, separately or in any combination of the same; provided, however, that such action may be changed, superseded, or revoked by legislative action which Act shall be binding on the City and County until subsequently changed by the General Assembly; and provided further that noth ing herein shall be construed to authorize any change in the ad valorem tax millage limitation prescribed by any legislative Act." Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to dele gate to the respective governing authorities of the City of Valdosta and County of Lowndes authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Valdosta and the County ( ) NO of Lowndes relating to the time, manner and method for the return, collection, property assess ment, notice of property assessment, hearing, ap peal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta, County of Lowndes and State of Georgia and respecting any and all other matters relating or incident to the same?" 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". TUESDAY, FEBRUARY 12, 1974 1769 If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Berlin Blackshear Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, S. P. 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 Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grantham Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee 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, R. L. 1770 Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage JOURNAL OF THE HOUSE, Shanahan Shepherd Smith, J. R. 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.: Adams, Marvin Alien Atherton Berry Bostick Brantley, H. L. Brown, C. Buck Burruss Castleberry Colwell Daugherty Dollar Foster Grahl Greer Hamilton Hawes Hill, G. Irwin, J. R. Jordan Matthews, D. R. Patten, G. C. Peters Petro Rainey Reaves Smith, V. B. Thomason Townsend Twiggs Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. HR 656-1916. By Messrs. Davis, Floyd and Horton of the 56th and others: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the abolishment of the fee system of compensating justices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fees and for qualifications for said officers and for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: TUESDAY, FEBRUARY 12, 1974 1771 Section 1. Article VI, Section VII of the Constitution is hereby amended by adding at the end thereof the following: "The General Assembly is hereby authorized to provide by law for the abolishment of the fee system of compensation for justices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fee system. The General Assembly shall be further authorized to provide by law for qualifications to hold the office of justice of the peace or notary public ex officio justice of the peace in DeKalb County. The General Assembly shall be further au thorized to provide by law for the disposition of fees formerly al lowed such officers effective at .the time the fee system is abolished for said officers and a salary is provided in lieu thereof. The Gen eral Assembly shall be further authorized to provide by law for the payment of salaries of said justices of the peace and notary public ex officio justices of the peace of DeKalb County from any funds available to said County in such manner as the General Assembly shall provide." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. The Ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to au thorize the General Assembly to provide by law ( ) NO for the abolishment of the fee system of compen sating justices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fees and for qualifications for said officers and for other matters relative to the foregoing?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: 1772 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. Bailey Beckham Bennett Berlin Blackshear Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, S. P. 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 Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grantham Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell McDonld McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Phillips, G. S. Phillips, L. L. Pinkston Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. 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 TUESDAY, FEBRUARY 12, 1974 1773 Those not voting were Messrs.: Adams, Marvin Alien Atherton Berry Bostick Brantley, H. L. Brown, C. Buck Burruss Castleberry Colwell Daugherty Dollar Poster Grahl Greer Hamilton Hawes Hill, G. Irwin, J. R. Jordan Matthews, D. R. Patten, G. C. Peters Petro Rainey Reaves Smith, V. B. Thomason Townsend Twiggs Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit: SB 188. By Senator McGill of the 24th: A Bill to amend Code Chapter 114-6, relating to Workmen's compensa tion insurance. SB 291. By Senators Holley of the 22nd and Lester of the 23rd: A Bill to amend Code Title 24A, know as the "Juvenile Court Code of Georgia." SB 292. By Senators Holley of the 22nd and Lester of the 23rd: A Bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth. SB 446. By Senator Duncan of the 30th: A Bill to amend an Act creating a Retirement System for Teachers. 1774 JOURNAL OF THE HOUSE, SB 517. By Senator Overby of the 49th: A Bill to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances. SB 575. By Senator Holloway of the 12th: A Bill to provide the granting of emergency powers of crisis manage ment to the Governor. SB 593. By Senator Kidd of the 25th: A Bill to exempt certain persons, 62 years of age or older, from all ad valorem taxation for educational purposes. SB 605. By Senator Reynolds of the 48th: A Bill to amend the Ga. Code of Public Transportation. SB 623. By Senator Parker of the 31st: A Bill to amend an Act establishing the State Court of Polk County. SB 624. By Senator Parker of the 31st: A Bill to amend an Act placing certain officers of Polk County on an annual salary. SB 632. By Senator Kennedy of the 4th: A Bill to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees. SB 627. By Senator Lester of the 23rd: A Bill to amend an Act known as the "Georgia Ports Authority Act". SB 631. By Senator Starr of the 44th: A Bill to amend an Act known as the "Cooperative Educational Service Agencies Act". SB 646. By Senator Tysinger of the 41st: A Bill to amend Code Chapter 84-3, relating to architects. TUESDAY, FEBRUARY 12, 1974 1775 The Senate has passed by Substitute by the requisite constitutional majority the following Bill of the House, to-wit: HB 295. By Messrs. Morgan of the 70th and Carrell of the 71st: A Bill to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Newton County. The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate and House, to-wit: SR 329. By Senators Lester of the 23rd and Holley of the 22nd: A Resolution authorizing the conveyance of certain State-owned real property located in Richmond County, Georgia, to the City of Augusta and the acceptance of certain property owned by the City of Augusta. HR 63'8. By Messrs. Connell of the 80th, Dent of the 78th, Miles of the 79th and others: A Resolution commending Honorable Roy V. Harris. HR 639. By Messrs. Connell of the 80th, Dent of the 78th and others: A Resolution commending Honorable William S. Morris, III HR 648. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Hill of the 110th, and others: A Resolution requesting the President and Congress to participate in the fight against diseases of the eye. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit: SB 503. By Senators Lester of the 23rd, Thompson of the 32nd and Cox of the 21st: A Bill to amend an Act known as the "Litter Control Law". SB 608. By Senator Hudgins of the 15th: A Bill to amend an Act creating the Department of Public Safety. 1776 JOURNAL OF THE HOUSE, SB 642. By Senator Smith of the 34th: A Bill to amend Title 34A, relating to municipal elections. HB 293. By Messrs. Morgan of the 70th, and Carrell of the 71st: A Bill to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Walton County. HB 1305. By Mr. Wheeler of the 13th: A Bill to amend Code Section 95A-959, relating to weights of vehicles and loads. HB 1326. By Mr. Adams of the 14th: A Bill to amend an Act creating the Department of Public Safety. HB 1482. By Messrs. Adams and Smith of the 74th: A Bill to amend Code Section 24-1801, relating to Clerks of County Ordinaries. HB 1617. By Messrs. Lewis and McCracken of the 77th, Lane and Nessmith of the 76th: A Bill to abolish the present mode of compensating the Clerk of the Superior Court of Burke County, known as the fee system. HB 1682. By Mr. Snow of the 1st and others: A Bill to amend an Act incorporating the Town of Ft. Oglethorpe. HB 1690. By Messrs. Wheeler and Grantham of the 127th and Harrison of the the 116th: A Bill to amend an Act placing the Sheriff of Pierce County on an annual salary. HB 1691. By Messrs. Wheeler and Grantham of the 127th and Harrison of the 116th: A Bill to abolish the present mode of compensating the Tax Collector of Pierce County. TUESDAY, FEBRUARY 12, 1974 1777 HB 1692. By Messrs. Wheeler and Grantham of the 127th and Harrison of the 116th: A Bill to abolish the present mode of compensating the Tax Receiver of Pierce County. HB 1693. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th: A Bill to amend an Act creating a Board of Commissioners of Pierce County. HB 1709. By Mr. Carr of the 90th: A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner of Glascock County. HB 1710. By Mr. Carr of the 90th: A Bill to provide for a supplement to the compensation of the Ordinary of Glascock County to be paid out of the funds of Glascock County. HB 1721. By Messrs. Adams and Smith of the 74th: A Bill to amend an Act creating a Small Claims Court in certain counties (population not less than 23,500 and not more than 24,100). SB 535. By Senators Gillis of the 20th, McDuffie of the 19th and Bummers of the 53rd: A Bill to amend an Act establishing the Teachers' Retirement System. SB 613. By Senator Pincher of the 54th: A Bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs. SB 615. By Senator Kidd of the 25th: A Bill to provide for a requirement of American citizenship for appoint ment to any governmental position that participates directly in the formulation, execution or review of public policy. SB 618. By Senators Wasden of the 2nd, and Riley of the 1st: A Bill to provide that in counties having a population of not less than 1778 JOURNAL OF THE HOUSE, 168,000 and not more than 196,000, and in municipal corporations within such counties, wherein the sale of alcoholic beverages is authorized. SB 625. By Senator Riley of the 1st: A Bill to amend an Act approved April 13, 1973 and known as the "Georgia State Financing and Investment Commission Act". The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit: SR 293. By Senator Jackson of the 16th: A Resolution proposing an amendment to the Constitution so as to exempt from all ad valorem taxation real property of a significant historical value which has been restored or reconstructed, which is open to the public and which is certified by the Department of Natural Resources. SR 322. By Senators Overby of the 49th, Garrard of the 37th, Ward of the 39th and others: A Resolution to amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee. SR 344. By Senator McDuffie of the 19th and Barker of the 18th: A Resolution authorizing the conveyance of certain State-owned real property located in Pulaski County, Georgia. The Senate has passed by Substitute by the requisite constitutional ma jority the following Bill of the House, to-wit: HB 1108. By Mr. Cole of the 6th: A Bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act". The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit: SR 290. By Senators London of the 50th, Smith of the 34th, Overby of the 49th and 53 others: A Resolution expressing regrets at the passing of Honorable J. Henry Castleman. TUESDAY, FEBRUARY 12, 1974 1779 Under the general order of business, established by the Committee on Rules, the following Bill of the House, having been taken up for consideration on the previous legislative day, was again taken up for consideration: HB 1377. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st: A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions and other agencies, and for the university system, common schools, counties, 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. The Speaker resolved the House into a Committee of the Whole for the purpose of further consideration of the Committee substitute to HB 1377, desig nating Mr. Floyd of the 5th as Chairman thereof. The Speaker called the House to order. The Committee of the Whole arose and through its Chairman reported its recommendation that HB 1377 Do Pass, by 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 Committee Substitute to HB 1377 by: Adding the following language to Section 22 relating to Fiscal Year 1974-75: "Provided that of the above appropriation relating to Medicaid, $51,000 State funds is designated and committed for Medicaid cover age of Non-AFDC Foster Care Children." The Committee of the Whole moves to amend the House Appropriations Com mittee Substitute to HB 1377 as follows: By striking from lines 24 through 26 of page 124 the following: 1780 JOURNAL OF THE HOUSE, "Provided, further, that none of the funds in the Tollways Facilities Budget shall be available for use or expenditure for the West Georgia Tollway." The Committee of the Whole moves to amend Committee Substitute to HB 1377 by: A.) Making the following language changes to Section 15 relating to Fiscal Year 1974-75: striking the amount $50,000 line 1951 and insert the amount $75,000 (for the Professional Practices Commission) The Committee of the Whole moves to amend Committee Substitute to HB 1377 by: Adding the following language to Section 22 relating to Fiscal Year 1974-75: "Provided, that of the above appropriation, $60,000 is designated and committed to continue the Cancer Registry." The Committee of the Whole moves to amend Committee Substitute to HB 1377 by: Striking from Section 34, Page 114, Line 13 relating to Fiscal Year 1974-75 the figure $8,728,000 and inserting in lieu thereof'the figure $8,728,600. The Committee of the Whole moves to amend Committee Substitute to HB 1377 by: Striking from Section 12A, Page 19, Line 10 relating to Fiscal Year 1974-75 the figure $9,900,660 and inserting in lieu thereof the figure $10,750,660. The Committee of the Whole moves to amend Committee Substitute to HB 1377 by: By striking on page 123, line 22, the figure "$30,000,000" and sub stituting in lieu thereof "$60,000,000". By striking in their entirety on page 127, lines 11 through 16 and substituting in lieu thereof the following: "Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum TUESDAY, FEBRUARY 12, 1974 1781 of 12% % 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. Provided, further, that the Department of Transportation is au thorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia." The Committee of the Whole moves to amend Committee Substitute to HB 1377 by: Changing object classes as listed below in Section 34: Object Class Existing Direct Guaranteed Loans State Student Incentive Sholarships 2,875,000 800,000 Proposed 2,395,000 1,280,000 Add the following language: Georgia Veteran Students otherwise eligible and qualifying to receive a student incentive scholarship under this program shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification, provided, however, such priority for veterans shall only apply to $480,000 of the funds appro priated to Student Incentive Scholarships. The Committee of the Whole moves to amend Committee Substitute to HB 1377 by striking Section 40 relating to Fiscal Year 1974-75 in its entirety and inserting in lieu thereof a new Section 40 to read as follows: "Section 40. For the cost of implementing a cost of living increase of approximately five percent for State employees, public school teachers, University System personnel, school bus drivers, Georgia Building Authority employees, Uniform Division of Georgia State Patrol, members of the Division of Investigation and county Merit System employees in the Department of Human Resources, there is hereby appropriated $39,400,000. In addition, for the cost of reducing the service requirement for voluntary retirement for State employees to 35 years and for teachers to 30 years, there is hereby appropriated $2,300,000." The following amendment was read: Mr. Groover of the 75th moves to amend HB 1377 (Appropriations Committee substitute, as amended by the Committee of the Whole) by striking Section 44 and inserting in lieu thereof the following: "Section 44. Wherever in this Act the term "Budget Unit Object Classes" is used it shall mean that the "Budget Classes" are determined as follows: 1782 JOURNAL OF THE HOUSE, (a) That Personal Services shall be a Budget Class; and (b) Operating Expenses shall be a Budget Class, determined by summing Regular Operating Expenses, Travel, Motor Vehicle Equip ment Purchases, Publications and Printing Equipment Purchases, Per Diem and Fees, and Computer Charges; and (c) All other Budget Classes shall be as shown under the term "Budget Unit Object Classes." Except as otherwise defined in this Section, the term "Budget Unit Object Classes" is to indicate the General Assembly's intention as to the sum reasonably expected to be required for the purposes enumerated." 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. Berlin Bohannon Bond Brown, B. D. Brown, S. P. Coleman Dickey Egan Fraser Groover Harden Harris, J. R. Harrison Hill, B. L. Horton, G. T. Horton, W. L. Howell Hudson Irvin, J. Irvin, R. Irwin Jessup Marcus McDonald Rogers Savage Shepherd Townsend Tucker Turner Wamble Wilson, J. M. Those voting in the negative were Messrs. Adams, G. D. Adams, John Adams, M. Alexander, W. M. Atherton Bailey Beckham Bennett Berry Bostick Brantley, H. H. Bray Brown, C. Buck 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 Dixon Dollar Dorminy Duke Edwards Elliott Evans Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Hamilton Harrington Harris, J. F. Hatcher Hawes Hays Hill, G. Howard Hutchinson Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Lewis Logan Lowrey Mason TUESDAY, FEBRUARY 12, 1974 1783 Matthews, C. Mauldin McCracken McDaniell 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 Ross Rush Russell, J. Russell, W. B. Sams Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Twiggs Vaughn Waddle Walker Wall Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those not voting were Messrs.: Adams, J. H. Alien Blackshear Brantley, H. L. Carrell Colwell Ellis Ezzard Lambert Larsen, W. W. Matthews, D. R. McKinney Miles Patten, R. L. Petro Thomason Mr. Speaker On the adoption of the amendment, the ayes were 33, nays 130. The amendment was lost. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended by the Committee of the Whole. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: 1784 JOURNAL OF THE HOUSE, Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Atherton Bailey Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Eraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, B. TUESDAY, FEBRUARY 12, 1974 1785 Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs.: Beckham Horton, W. L. King Larsen, W. W. Savage Townsend Those not voting were Messrs.: Alien Blackshear Brantley, H. L. Colwell Ezzard Harrington Matthews, D. R. McKinney Petro Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Mr. Busbee of the 114th moved that HB 1377, by substitute, as amended, be immediately transmitted to the Senate. The motion prevailed and HB 1377, by substitute, as amended, was ordered immediately transmitted to the Senate. Mr. Matthews of the 122nd stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 1377, by substitute, as amended. Had he been present, he would have voted "aye". The following Resolutions of the House were read and adopted: HR 669. By Messrs. Alexander of the 39th, Alexander of the 38th, Brown of the 34th and others: A RESOLUTION Commending Anthony Flanagan; and for other purposes. WHEREAS, Anthony Flanagan has been named Amateur Athlete of the Year, Back of the Year, and has been named to the All State and All American Football Teams; and 1786 JOURNAL OF THE HOUSE, WHEREAS, he quarterbacked the Southwest High School Football Team to the 1973 State AA Football Championship, accounting for 324 of his team's 493 points, completing 126 of 233 passes for a State record, 2,241 yards and 31 touchdowns; and WHEREAS, during the 1973 season, he ran 12 touchdowns and kicked 60 points after touchdown and made two field goals; and WHEREAS, during the 1973 basketball season, he scored 17 points per game and led his team to the Class A A Basketball Championship; and WHEREAS, he is one of the best all-around athletes that the State of Georgia has ever produced; and WHEREAS, it is only fitting and proper that the General Assembly recognize the outstanding achievements of Anthony Flanagan. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Anthony Flanagan, the Amateur Athlete of the Year in Geor gia and does hereby urge Anthony Flanagan to continue his education and athletic career at a college in Georgia. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mr. Anthony Flanagan. HR 670. By Messrs. Alexander of the 38th, Alexander of the 39th, Brown of the 34th and others: A RESOLUTION Commending the Southwest High School Varsity Football Team, the Wolves; and for other purposes. WHEREAS, the Southwest High School Varsity Football Team is the 1973 State AA Champion, having compiled an impressive record of 13 wins and no losses; and WHEREAS, the team was the first all-black team to win a State football championship; and WHEREAS, the team's impressive record was achieved by defeating a number of strong opponents, Smith, North Fulton, Archer, Harper, Northside, Therrell, George, Grady, Fulton, and Price; and WHEREAS, in the play-offs, the team defeated East Rome, Habersham, and Americus; and TUESDAY, FEBRUARY 12, 1974 1787 WHEREAS, the team scored a total of 943 points, compared to 86 points for their opponents and were not scored upon on the ground by any team during the entire season; and WHEREAS, the team was ranked No. 2 in the nation which was the first time that a A A team has been so ranked; and WHEREAS, Anthony Flanagan, the quarterback of the team, has been named to the All American and All State Teams and has been named Amateur Athlete of the Year; and WHEREAS, the success of the team is due in large part to the dedicated work of Mr. Ted Sparks, the head coach and athletic director of Southwest High School and the first black coach to be selected Coach of the Year by the Atlanta Touchdown Club; and WHEREAS, the principal, Mr. Chuck Mason; the offensive coordi nator, Mr. Kirby McDaniel; and the defensive coordinator, Mr. Gilbert Turman, are to be commended for their outstanding efforts in develop ing this fine group of young men; and WHEREAS, the remarkable achievements of the team have not been adequately recognized by the news media. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate the Southwest High School Varsity Football Team, the Wolves, for winning the State AA Football Championship. BE IT FURTHER RESOLVED that this Body does hereby commend and congratulate Mr. Ted R. Sparks and the other members of the faculty of Southwest High School for their dedicated work with these young men. BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit appropriate copies of this Resolution to the Southwest High School Football Team and to Mr. Ted R. Sparks. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by requisite constitutional majority the following Bill of the Senate, to-wit: SB 512. By Senators Rowan of the 8th, Eldridge of the 7th, and Kennedy of the 4th: A Bill to amend an Act entitled "An Act to provide for the creation of 1788 JOURNAL OP THE HOUSE, the office of district attorney emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to in cumbents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and dis bursements from said fund. The Speaker announced the House in recess until 1:50 o'clock, P.M., this day. 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 passed by the requisite constitutional majority the following Bills of the Senate, to-wit: SB 440. By Senator Bell of the 5th: A Bill to prohibit municipal or county governments from requiring employees to be residents of the municipality or county. SB 192. By Senator Fincher of the 54th: A Bill to provide protective and supportive services for adults; to provide a short title; to state the purpose of the Act. SB 545. By Senator Fincher of the 54th: A Bill to amend an Act known as the "Child Support Recovery Act", approved Mar. 28, 1973 so as to redefine "court order" for child support; to provide that the payment of public assistance on behalf of a child creates a debt to the State. SB 601. By Senator Lester of the 23rd: A Bill to amend an Act providing for the payment of the cost of care of persons admitted or committed to State institutions which come under the management and control of the Georgia Department of Human Resources, as amended, so as to change the definition of certain terms. TUESDAY, FEBRUARY 12, 1974 1789 The following report of the Committee on Rules was read and adopted: Mr. Speaker: Your Committee on Rules met and submits the following supplement to the calendar already adopted this Tuesday, February 12, 1974, and submits the following: HB 60. Motor Carrier, Define Term HB 104. Motor Carriers, Corporate Limits HR 41- 135. Justices and Judges; Terms HB 279. Judicial Circuits, Asst. D.A. Salary HB 323. Superior Ct. Ret. Ben., Clerks, Military Credit HB 447. Cities, Pedestrain Traffic, Walks HR 574. Spewrell Bluff Dam Project HB 1300. Department Public Safety, Longevity Credits HB 1327. Traffic accident reports HB 1330. Public Safety Emp., Suspended, Hearing Date HB 1331. Speed Restrictions Racing, Penalty HB 1332. Detention Facilities, Minimum Standards HB 1390. University System, Member Armed Forces Tuition HB 1407. Jury Duty, Females Rights & Liabilities HB 1540. State Crime Lab., Director, Private Aircraft HB 1542. Peace Officers Stds. Council; Quorum HB 1543. Peace Officers Stds. Council; Composition HB 1555. Prosecuting Attorneys; Council HB 1557. Billiard Rooms, Intoxicating Liquors HB 1601. Examining Boards, Classes of Applicants HB 1614. Motor Vehicle MFG Whlsers. Div., Licensing HB 1616. Human Resources Comm., Delegate Powers HR 542-1634. New Constitution, Proposing HR 561-1682. Veteran, Disabled, Homestead Exemption HR 562-1682. Disable Veteran, Widow, Homestead Exemption HB 1687. MFPE, School Bus Drivers, Salaries HB 1731. Conservation Rangers Classes of Employees HB 1751. Banks & Banking, Code, Revise HB 1764. Criminal Justice Commission, Create 1790 HB HB HB HB HB HB SB SB SB SB SB JOURNAL OF THE HOUSE, 1801. Traffic Accidents on Expressway System 1844. Alcoholic Beverages; Sale limited container size 1845. Alcoholic Beverages; Licenses Fees 1846. Alcoholic Beverages; Applicants, Investigate 1847. Alcoholic Beverages; Sales Limit Quantity of sale 1848. Alcoholic Beverages; Limit Possessed 117. D. A. Emeritus & D.A. Retirement Fund 326. Pardons and Parole, aged and disabled inmates 477. Senatorial Districts, Relative to 495. Uniform Narcotic Drug Act 513. Health Insurance Fund, Investment of Funds Except as herein amended, the provisions of the calendar heretofore sub mitted shall remain of full force and effect. Respectfully submitted, /s/ E. R. Lambert 97th District, Vice-Chairman. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 188. By Senator McGill of the 24th: A Bill to be entitled an Act to amend Code Chapter 114-6, relating to workmen's compensation insurance, so as to require the premium charged by an insurance company for workmen's compensation coverage of a sawmill be based on the payroll of the employer; and for other purposes. Referred to the Committee on Industry. SB 291. By Senators Holley of the 22nd and Lester of the 23rd: A Bill to be entitled an Act to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to provide for concurrent jurisdiction in the juvenile court and superior court over certain delinquent acts; and for other purposes. Referred to the Committee on Special Judiciary. TUESDAY, FEBRUARY 12, 1974 1791 SB 292. By Senators Holley of the 22nd and Lester of the 23rd: A Bill to be entitled an Act to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, so as to provide that felons over the age of 13 may be sentenced into the custody of the Department of Offender Rehabilitation; and for other purposes. Referred to the Committee on Human Relations. SR 293. By Senator Jackson of the 16th: A Resolution proposing an amendment to the Constitution so as to exempt from all ad valorem taxation real property of a significant historical value which has been restored or reconstructed, which is open to the public and which is certified by the Department of Natural Resources; and for other purposes. Referred to the Committee on Ways arid Means. SR 322. By Senators Overby of the 49th, Garrard of the 37th, Ward of the 39th and others: A Resolution to amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the membership of the Metropolitan Atlanta Rapid Transit Overview Committee; to direct the State Department of Transportation to assist the Committee; and for other purposes. Referred to the Committee on State Planning & Community Affairs. SR 329. By Senators Lester of the 23rd and Holley of the 22nd: A. Resolution authorizing the conveyance of certain State-owned real property located in Richmond County, Georgia, to the City of Augusta and the acceptance of certain property owned by the City of Augusta, located in Richmond County and Columbia Counties, Georgia, in con sideration therefor; and for other purposes. Referred to the Committee on State Institutions & Property. SR 344. By Senator McDuffie of the 19th and Barker of the 18th: A Resolution authorizing the conveyance of certain State-owned real property located in Pulaski County, Georgia; and for other purposes. Referred to the Committee on State Institutions & Property. SB 446. By Senator Duncan of the 30th: A Bill to be entitled an Act to amend an Act creating a Retirement System for Teachers, so as to provide additional circumstances under 1792 JOURNAL OF THE HOUSE, which members of the System may establish prior service credit; and for other purposes. Referred to the Committee on Retirement. SB 503. By Senators Lester of the 23rd, Thompson of the 32nd and Cox of the 21st: A Bill to be entitled an Act to amend an Act known as the "Litter Control Law", so as to change the penalty for littering; and for other purposes. Referred to the Committee on Judiciary. SB 517. By Senator Overby of the 49th: A Bill to be entitled an Act to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, so as to provide for proceedings to forfeit bonds or recognizances upon failure of the principal to appear; and for other purposes. Referred to the Committee on Judiciary. SB 535. By Senators Gillis of the 20th, McDuffie of the 19th and Summers of the 53rd: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the amount of creditable service which a member must have to be eligible to retire; and for other purposes. Referred to the Committee on Retirement. SB 575. By Senator Holloway of the 12th: A Bill to be entitled an Act to provide the granting of emergency powers of crisis management to the Governor; to provide for a title; to provide that the Governor is empowered to cooperate with the President and Federal agents of the United States concerning energy crisis and common defense matters; and for other purposes. Referred to the Committee on Rules. SB 593. By Senator Kidd of the 25th: A Bill to be entitled an Act to exempt from all ad valorem taxation for educational purposes, levied by any county or independent school district, the homestead of any resident of such county or independent school district who is 62 years of age or older, and who has income not exceding $6,000 per annum; and for other purposes. Referred to the Committee on Ways and Means. TUESDAY, FEBRUARY 12, 1974 1793 SB 605. By Senator Reynolds of the 48th: A Bill to be entitled an Act to amend the Georgia Code of Public Transportation, Title 95A, so as to make certain technical clarifica tions therein; to make certain grammatical and spelling corrections; and for other purposes. Referred to the Committee on Highways. SB 608. By Senator Hudgins of the 15th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide for incentive pay increases for certain members of the Department of Public Safety; and for other purposes. Referred to the Committee on Rules. SB 613. By Senator Fincher of the 54th: A Bill to be entitled an Act to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, so as to change certain definitions; to change the provisions relating to information required on prescriptions and labels on containers; and for other purposes. Referred to the Committee on Health and Ecology. SB 615. By Senator Kidd of the 25th: A Bill to be entitled an Act to provide for a requirement of American citizenship for appointment to any governmental position that partici pates directly in the formulation, execution or review of public policy; and for other purposes. Referred to the Committee on State of Republic. SB 618. By Senators Wasden of the 2nd and Riley of the 1st: A Bill to be entitled an Act to provide that in counties having a popula tion of not less than 168,000 and not more than 196,000, and in municipal corporations within such counties, wherein the sale of alcoholic bev erages is authorized, such sales for consumption on the premises shall be authorized during certain hours; and for other purposes. Referred to the Committee on Temperance. SB 623. By Senator Parker of the 31st: A Bill to be entitled an Act to amend an Act establishing the State Court of Polk County, so as to change the compensation of the judge of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. 1794 JOURNAL OF THE HOUSE, SB 624. By Senator Parker of the 31st: A Bill to be entitled an Act to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the sheriff and his deputies; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. SB 625. By Senator Riley of the 1st: A Bill to be entitled an Act to amend an Act approved April 13, 1973 (Ga. Laws 1973, p. 750), and known as the "Georgia State Financing and Investment Commission Act"; to declare the Georgia State Fi nancing and Investment Commission to be an agency and instrumentality of the State of Georgia; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. SB 627. By Senators Lester of the 23rd and Holley of the 22nd: A Bill to be entitled an Act to amend an Act known as the "Georgia Ports Authority Act", so as to authorize the Governor on behalf of the State, to convey certain property to the Georgia Ports Authority; and for other purposes. Referred to the Committee on State Institutions & Property. SB 631. By Senator Starr of the 44th: A Bill to be entitled an Act to amend an Act known as the "Cooperative Educational Service Agencies Act", so as to change the provisions rela tive to financing Cooperative Educational Service Agencies; and for other purposes. Referred to the Committee on Education. SB 632. By Senator Kennedy of the 4th: A Bill to be entitled an Act to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees, so as to change the amount of said monthly allowance; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. SB 642. By Senator Smith of the 34th: A Bill to be entitled an Act to amend Title 34A, relating to municipal TUESDAY, FEBRUARY 12, 1974 1795 elections, so as to change the time within which registrars shall cease taking applications for registrations; to provide for the publication of notices of special elections; and for other purposes. Referred to the Committee on State of Republic. SB 646. By Senator Tysinger of the 41st: A Bill to be entitled an Act to amend Code Chapter 84-3, relating to architects, so as to change the provision defining the practice of archi tecture; and for other purposes. Referred to the Committee on Industry. SB 192. By Senator Fincher of the 54th: A Bill to be entitled an Act to provide protective and supportive services for adults; and for other purposes. Referred to the Committee on Health and Ecology. SB 440. By Senator Bell of the 5th: A Bill to be entitled an Act to prohibit municipal or county govern ments from requiring employees to be residents of the municipality or county; and for other purposes. Referred to the Committee on State of Republic. SB 512. By Senators Rowan of the 8th, Eldridge of the 7th and Kennedy of the 4th: A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the creation of the office of district attorney emeritus; and for other purposes. Referred to the Committee on Retirement. SB 545. By Senator Fincher of the 54th: A Bill to be entitled an Act to amend an Act known as the "Child Support Recovery Act", so as to redefine "court order" for child sup port; and for other purposes. Referred to the Committee on Human Relations. SB 601. By Senator Lester of the 23rd: A Bill to be entitled an Act to amend an Act providing for the payment of the cost of care of persons admitted or committed to State 1796 JOURNAL OF THE HOUSE, institutions which come under the management and control of the Georgia Department of Human Resources, so as to change the definition of certain terms; and for other purposes. Referred to the Committee on State Institutions & Property. The Speaker Pro Tempore 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 323. By Mr. Harris of the 8th: A Bill to be entitled an Act to amend an Act providing retirement bene fits for the clerks of the superior courts, so as to provide that certain service as a member of the armed forces of the U.S. during certain periods may be included in computing the required number of years of service to be eligible to receive retirement benefits; and for other purposes. The report of the Committee, which was favorable to the 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. Atherton Bailey Beckham Berlin Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Burton Busbee Carlisle Carr Chance Clark Collins, M. Collins, S. Coney Connell Daugherty Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon Duke Edwards Elliott Evans Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hatcher Hays Horton, G. T. TUESDAY, FEBRUARY 12, 1974 Horton, W. L. Howard Howell Hudson Irvin, J. Irvin, R. Jessup Jones Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Lowrey Marcus Mason Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Noble Oxford Patterson Peters Petro Phillips, L. L. Rainey Ritchie Roach Rogers Ross Rush Russell, W. B. Sams Savage Shanahan Smith, J. R. Snow Stephens Sweat Thomason Toles Triplett Tucker Twiggs Vaughn Waddle Walker Ware Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood 1797 Voting in the negative were Messrs. R. L. Patten and Wall. Those not voting were Messrs.: Adams, Marvin Alien Bennett Berry Blackshear Bostick Brantley, H. L. Buck Carrell Castleberry Cole Coleman Colwell Davis, E. T. Dean, Gib Dollar Dorminy Egan Ellis Ezzard Foster Gignilliat Groover Harrison Hawes Hill, B. L. Hill, G. Hutchinson Irwin Johnson Jordan Levitas Lewis Logan Matthews, C. McCracken McDonald Morgan Northcutt Odom Patten, G. C. Pearce Phillips, G. S. Pinkston Reaves Russell, J. Shepherd Smith, V. B. Strickland Thompson Townsend Turner Wamble Wheeler, Bobby Wheeler, J. A. Mr. Speaker On the passage of the Bill, the ayes were 122, nays 2. The Bill, having received the requisite constitutional majority, was passed. 1798 JOURNAL OP THE HOUSE, HB 1610. By Mr. Levitas of the 50th: A Bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to limit the amount of retail sales and use tax proceeds that may be used to subsidize operations of the transportation system; and for other purposes. The following amendment was read and adopted: Mr. Greer of the 43rd moves to amend HB 1610 as follows: By striking in Section 1, on line twenty-one (21) of page one (1), the following: "forty percent (40%)" and substituting in lieu thereof the following: "fifty percent (50%)" By striking in Section 1, on line twenty-five (25) of page two (2), the following: "forty percent (40%)" and substituting in lieu thereof the following: "fifty percent (50%)" By striking in Section 1 the quoted material beginning with the word "The" on line four (4) of page two (2) and ending with the word "accounting" on line fifteen (15) of page two (2), and substituting in lieu thereof the following: "The words 'operating costs of the system' for purposes of this subsection 25 (i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction and improvement of the rapid transit system, according to accepted principles of accounting. By striking in Section 1 the sentence beginning with the word "The" on line fifteen (15) of page three (3) and ending with the word "accounting" on line twenty-six (26) of page three (3) and substituting in lieu thereof the following: TUESDAY, FEBRUARY 12, 1974 1799 "The words 'operating costs of the system' for purposes of this subsection 25 (i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly in volved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, ac quisition, construction and improvement of the rapid transit system, according to accepted principles of accounting. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, J. H. Adams, John Adams, Marvin Bailey Bennett Berry Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burton Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Edwards Elliott Evans Farrar Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harris, J. F. Harris, J. R. Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hutchinson Irvin, R. Jessup Johnson Jordan Karrh Keyton King Kreeger Lambert Lane, W. J. Larsen, W. W. Lee Le vitas Logan Marcus Mason Matthews, C. Mauldin McDonald McKinney Milford Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Petro Phillips, L. L. 1800 Pinkston Reaves Ritchie Roach Ross Rush Russell, J. Russell, W. B. Savage Shanahan JOURNAL OF THE HOUSE, Shepherd Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Triplett Tucker Turner Vaughn Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Those voting in the negative were Messrs.: Adams, G. D. Alexander, W. H. Blackshear Dean, J. E. Larsen, G. K. Lowrey Those not voting were Messrs.: Alexander, W. M. Alien Atherton Beckham Berlin Bond Brantley, H. L. Brown, B. D. Burruss Busbee Carrell Colwell Connell Daugherty Duke Egan Ellis Ezzard Floyd, J. H. Gignilliat Harrington Harrison Hill, B. L. Hudson Irvin, J. Irwin Jones Knight Lane, Dick Lewis Matthews, D. R. McCracken McDaniel Miles Morgan Patten, R. L. Peters Phillips, G. S. Rainey Rogers Sams Strickland Toles Townsend Twiggs Waddle Ware Willis Wilson, M. L. Wood Mr. Speaker On the passage of the Bill, as amended, the ayes were 123, nays 6. The Bill, having received the requisite constitutional majority, was passed, as amended. Mr. Brown 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 1610, as amended. Had he been present he would have voted "nay". HB 1512. By Mr. Wamble of the 120th: A Bill to be entitled an Act to amend the Metropolitan Atlanta Rapid TUESDAY, FEBRUARY 12, 1974 1801 Transit Authority Act of 1965, so as to exempt from the sales and use tax levied for the support of the rapid transit system authorized by said Act certain transactions; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Berry Blackshear Bohannon Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle 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 Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Le vitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters 1802 Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams JOURNAL OF THE HOUSE, Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Alien Bennett Berlin Bond Bostick Brantley, H. L. Brown, B. D. Carr Colwell Ezzard Gignilliat Hill, B. L. Irvin, R. Lambert Marcus McDaniell Patten, R. L. Vaughn Wheeler, J. A. Willis Mr. Speaker On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1031. By Mr. Levitas of the 50th: A Bill to be entitled an Act to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for the reduction of the amount due each local government from the collection of the tax imposed by deducting 1.25% of the amount due for administration and collection of said tax; and for other purposes. The following amendment was read and adopted: Mr. Wamble of the 120th moves to amend HB 1031 by striking the figure "1.25" from line 8, page 1 and lines 3 and 32, page 2, and substituting the following: "1.00". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. TUESDAY, FEBRUARY 12, 1974 1803 On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Bennett Berry Blackshear Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickey Dollar Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Johnson Jones Jordan Karrh Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Le vitas Lewis Logan Lowrey Matthews, C. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Shanahan Shepherd Smith, V. B. Snow Stephens Strickland 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 1804 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Alien Beckham Berlin Bond Brantley, H. L. Brown, B. D. Colwell Dean, Gib Dent Dixon Dorminy Ezzard Fraser Gignilliat Hill, B. L. Jessup Lambert Marcus Mason Matthews, D. R. Northcutt Patten, G. C. Patten, R. L. Savage Smith, J. R. Sweat Townsend Wilson, M. L. Mr. Speaker On the passage of the Bill, as amended, the ayes were 151, 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 report of the Committee of Conference thereon: HB 246. By Messrs. Brown of the 89th and Adams of the 36th: A Bill to be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license; and for other purposes. The following report of the Committee of Conference was read: Mr. President and Mr. Speaker: Your Conference Committee on HB 246 has met and submits the following recommendations: That the House and Senate recede from their respective positions and that the attached Substitute to HB 246 be adopted. FOR THE SENATE Is/ Steve Reynolds Steve Reynolds Senator, 48th District /s/ Floyd Hudgins Floyd Hudgins Senator, 15th District /s/ W. W. Ballard W. D. Ballard Senator, 45th District Respectfully submitted, FOR THE HOUSE /s/ Phillip Brown Phillip Brown Representative, 89th District /s/ J. R. Smith J. R. Smith Representative, 74th District /s/ G. D. Adams G. D. Adams Representative, 36th District TUESDAY, FEBRUARY 12, 1974 1805 A BILL To be entitled an Act to authorize the Commissioner of Public Safety to establish such rules and regulations governing the cancella tion, suspension and revocation of the driver's license of persons com mitting hazardous motor vehicle violations; to repeal an Act establishing a violation point system for the assessment of points for various moving traffic violations and providing for the suspension of drivers' licenses of persons accumulating certain points within certain periods of time, approved March 27, 1968 (Ga. Laws 1968, p. 430), as amended; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. The Commissioner of Public Safety shall formulate such rules and regulations relative to investigations, interviews, hearings, reexaminations or other procedures as shall be necessary to provide for the cancellation, suspension and revocation of the driver's license of persons who shall commit hazardous motor vehicle violations. Section 2. An Act establishing a violation point system for the assessment of points for various moving traffic violations and providing for the suspension of drivers' licenses of persons accumulating certain points within certain periods of time, appuroved March 27, 1968 (Ga. Laws 1968, p. 430), as amended, is hereby repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Brown of the 89th moved that the report of the Committee of Conference on HB 246 be adopted. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Atherton Bailey Beckham Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib 1806 Dean, N. Dent Dickey Dollar Duke Edwards Egan Evans Floyd, J. H. Floyd, L. R. Foster Fraser Grantham Greer Hamilton Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Howard Howell Hudson Hutchinson Irvin, R. Irwin Jessup Johnson Jones Karrh JOURNAL OF THE HOUSE, King Knight Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mathews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Mulherin Mullinax Nessmith Nix Northcutt Odom Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rush Russell, W. B. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Thomason Thompson Toles Triplett Turner Vaughn 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. Alexander, W. H. Castleberry Dorminy Grahl Harden Keyton Larsen, G. K. Oxford Rogers Ross Those not voting were Messrs.: Alien Bennett Bond Brantley, H. L. Brown, B. D. Burruss Colwell Dean, J. E. Dixon Elliott Ellis Ezzard Farrar Geisinger Russell, J. Townsend Tucker Willis Gignilliat Groover Hill, B. L. Horton, W. L. Irvin, J. Jordan Lambert McCracken McKinney Moyer TUESDAY, FEBRUARY 12, 1974 1807 Noble Savage Sweat Twiggs Waddle Mr. Speaker On the motion, the ayes were 136, nays 14. The motion prevailed and the report of the Committee of Conference on HB 246 was adopted. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: 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 report of the Committee of Conference was read: Mr. President and Mr. Speaker: Your Conference Committee on HB 166 has met and submits the following recommendation: That the House and Senate recede from their respective positions and that the attached Substitute to HB 166 be adopted. FOR THE SENATE /s/ Terrell A. Starr Terrell A. Starr Senator, 44th District /s/ James W. Tysinger James W. Tysinger Senator, 41st District /s/ Howard T. Overby Howard T. Overby Senator, 49th District Respectfully submitted, FOR THE HOUSE /s/ Frank Pinkston Frank Pinkston Representative, 89th District /s/ Billy L. Evans Billy L. Evans Representative, 89th District /s/ G. Robert Howard G. Robert Howard Representative, 19th District A BILL To be entitled an Act to provide that the board of trustees or direc tors of any two or more retirement systems, financed by State tax 1808 JOURNAL OF THE HOUSE, funds, by mutual consent, may pool their trust funds for investment purposes; to provide such authority to local retirement systems under certain circumstances; to provide for the accounting 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: Section 1. The board of trustees or directors, by whatever name known, of any two or more retirement systems, financed by State tax funds, pursuant to the mutual consent of such boards, may pool their trust funds for the purposes of joint investment. The board of trustees or directors, by whatever name known, of any two or more local retire ment systems funded by a single political subdivision may likewise pool their trust funds under the provisions of this law. 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 ac countability of such funds while under its management. 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 notwithstanding any other provisions of law to the contrary. Provided, however, nothing in this Act shall establish a legal provision for combining the Employees' Re tirement System with the Teachers' Retirement System. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Pinkston of the 89th moved that the report of the Committee of Confer ence on HB 166 be adopted. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Atherton Bennett Berry Blackshear Bohannon Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Howard Howell Hudson . Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones TUESDAY, FEBRUARY 12, 1974 1809 Jordan Karrh Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Rush Russell, J. Russell, W. B. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs. : Alien Bailey Beckham Berlin Bond Brantley, H. L. Coleman Colwell Dean, Gib Elliott Ezzard Groover Hill, B. L. Horton, W. L. Irwin Lambert Larsen, W. W. Mason Noble Ross Savage Wall Mr. Speaker On the motion, the ayes were 157, nays 0. 1810 JOURNAL OF THE HOUSE, The motion prevailed and the report of the Committee of Conference on HB 166 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 1684. By Messrs. Levitas of the 50th and Greer of the 43rd: A Bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for resolution of labor disputes, prohibit strikes; and for other purposes. The following Committee amendment was read: The Committee on State Planning and Community Affairs moves to amend House Bill 1684 as follows: By striking on line 19, page 1, the word "shall" and inserting in lieu thereof the word "may". By striking on lines 24 and 25, page 3, the words "within thirty(30) days from the date of commencement of negotiations," and inserting in lieu thereof the words "at least sixty (60) days prior to the expiration of an existing labor contract between the Authority and the'Union,". By inserting on line 33, page 3, between the words "certification," and "such" the words "or if neither party requested mediation within the above-prescribed time,". By inserting on line 15, page 5 between the word "not" on line 14 and the word "be" on line 15 the word "necessarily". By striking on line 22, page 5, the word "shall" and inserting in lieu thereof the words "may, in the discretion of the arbitration board or by agreement of the parties,". The following amendment to the Committee amendment was read and adopted: Mr. Levitas of the 50th moves to amend the Committee amendment to HB 1684 by striking the first and last two amending paragraphs. The Committee amendment, as amended, was adopted. TUESDAY, FEBRUARY 12, 1974 1811 The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, J. H. Beckham Brown, C. Burton Carlisle Carrell Cole Collins, S. Daugherty Davis, W. Dent Edwards Egan Elliott Ellis Evans Farrar Floyd, L. R. Geisinger Gignilliat Grahl Greer Hamilton Harris, J. F. Harris, J. R. Hatcher Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Irvin, R. Jessup Jordan Keyton Le vitas Marcus Mauldin McCracken McDonald Miles Milford Mulherin Mullinax Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Russell, W. B. Sams Smith, V. B. Strickland Thomason Turner Waddle Wamble Ware Wheeler, B. Wilson, M. L. Those voting in the negative were Messrs.: Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Bailey Bennett Berry Brantley, H. H. Clark Davis, E. T. Dean, N. Dollar Duke Grantham Groover Harden Howard Hudson Hutchinson Irwin Johnson Lane, Dick Lane, W. J. Larsen, G. K. Lewis Lowrey Mason McKinney Moyer Nessmith Northcutt Oxford Patterson Pearce Petro Rogers Ross Russell, J. Savage Shanahan Shepherd Stephens Thompson Tucker Twiggs Walker Wall Williams Willis Wilson, J. M. 1812 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Adams, M. Alien Atherton Berlin Blackshear Bohannon Bond Bostick Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Busbee Carr Castleberry Chance Coleman Collins, M. Colwell Coney Connell Dean, Gib Dean, J. E. Dickey Dixon Dorminy Ezzard Floyd, J. H. Foster Fraser Harrington Harrison Hawes Hays Howell Irvin, J. Jones Karrh King Knight Kreeger Lambert Larsen, W. W. Lee Logan Matthews, C. Matthews, D. R. McDaniell Morgan Nix Noble Odom Patten, G. C. Patten, R. L. Reaves Rush Smith, J. R. Snow Sweat Toles Townsend Triplett Vaughn Wheeler, J. A. Whitmire Wood Mr. Speaker On the passage of the Bill, as amended, the ayes were 62, nays 50. The Bill, as amended, having failed to receive the requisite constitutional majority, was lost. Mr. Greer of the 43rd served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 1684, as amended. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: 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. TUESDAY, FEBRUARY 12, 1974 1813 The following Senate substitute was read: A BILL To be entitled an Act to amend an Act establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved December 17, 1953 (Ga. Laws 1953 Nov.-Dec. Sess., p. 160), so as to remove the provision relative to age in connection with retirement with 35 years' service; to authorize change in the contribution rate; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 160), is hereby amended by striking from subsection (11) of Section 5 the words: "and not less than sixty years of age", so that when so amended said subsection (11) of Section 5 shall read as follows: "Anything in this Act to the contrary notwithstanding, any member with thirty-five years service shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of sixty-five had he continued in service without further change -in compensation. Provided, further, that the limitations as to age and length of service provided in Section 5, Subsection (1) (a) of this Act shall not apply to the pro visions of Subsections (3) and (4) of Section 5 of this Act." Section 2. The Board of Trustees of the Employees Retirement System of Georgia may increase the required rate of contribution by the employer not to exceed 8.5% after the next actuarial valuation of the System, in the event the Board deems an increase is necessary to fund the provisions of Section 1 of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Harrington of the 93rd moved that the House agree to the Senate sub stitute to HB 58. On the motion, the roll call was ordered and the vote was as follows: 1814 JOURNAL OP THE HOUSE, Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Berry Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Busbee Carlisle Carr Carrell Chance Cole Coleman Collins, M. Collins, S. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan Evans Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Grahl Grantham Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Le Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Oxford Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Savage Shanhan Smith, J. R. Smith, V. B. Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Williams Willis Wilson, J. M. Wilson, M. L. Voting in the negative was Mr. Sams. Those not voting were Messrs.: Adams, Marvin Alien Atherton Berlin Blackshear Bohannon Bond Bostick Brantley, H. L. Brown, S. P. Burruss Burton Castleberry Clark Colwell Coney Dickey Elliott Ellis Ezzard Fraser Gignilliat TUESDAY, FEBRUARY 12, 1974 ISIc Greer Groover Hawes Hays Hill, B. L. Howell Karrh Knight Larsen, W. W. Levitas Matthews, D. R. McDaniell McKinney Noble Odom Patten, G. C. Petro Reaves Shepherd Snow Townsend Vaughn Whitmire Wood Mr. Speaker On the motion, the ayes were 132, nays 1. The Senate substitute to HB 58 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 1540. By Mr. Lane of the 76th: 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 reimburse the Director of the State Crime Laboratory for use of his private aircraft on official business; and for other purposes. The report of the Committee, which was favorable to the 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. Atherton Bailey Bennett Berry Blackshear Bohannon Bond Bostick Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Castleberry Clark Cole 1816 Coleman Collins, M. Collins, S. Connell Daugherty Davis, W. Dean, J. E. Dent Dixon Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. JOURNAL OP THE HOUSE, Irvin,R. Irwin, J. R. Jessup Johnson Jordan Karrh Keyton Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Lewis Logan Lowrey Marcus Mason 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 Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Rush Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Stephens Strickland Sweat Thomason Toles Triplett Tucker Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs.: Coney Davis, E. T. Dickey Dollar Townsend Those not voting were Messrs.: Adams, Marvin Alien Beckham Berlin Brantley, H. H. Brantley, H. L. Bray Brown, S. P. Carrell Chance Colwell Dean, Gib Dean, N. Dorminy Ezzard Foster Hamilton Hill, B. L. TUESDAY, FEBRUARY 12, 1974 1817 Hill, G. Horton, W. L. Jones, Herb King Knight Lambert Levitas McDaniell McDonald Morgan Petro Ritchie Russell, J. Snow Thompson Turner Mr. Speaker On the passage of the Bill, the ayes were 140, nays 5. The Bill, having received the requisite constitutional majority, was passed. HB 279. By Messrs. Bennett of the 124th, Dean of the 60th and Groover of the 75th: A Bill to be entitled an Act to amend an Act providing for certain as sistant district attorneys in certain judicial circuits, so as to change the compensation of persons appointed as assistant district attorneys; and for other purposes. The report of the Committee, which was favorable to the 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. Bennett Berry Blackshear Bohannon Bond Bostick Bray Brown, B. D. Brown, C. Buck Burton Busbee Carlisle Carr Castleberry Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Duke Edwards Egan Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher 1818 Hawes Hays Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Karrh King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. JOURNAL OF THE HOUSE, Mauldin McCracken McDaniell McKinney Miles Milford Morgan Mulherin Nessmith Nix Northcutt Odoni Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Tucker Turner Twiggs Waddle Walker Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Voting in the negative were Messrs. Savage and Wall. Those not voting were Messrs.: Alien Atherton Bailey Beckham Berlin Brantley, H. H. Brantley, H. L. Brown, S. P. Burruss Carrell Chance Colwell Dollar Dorminy Elliott Ellis Evans Ezzard Gignilliat Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Jones Jordan Keyton Knight McDonald Moyer Mullinax Noble Petro Pinkston Ritchie Townsend Triplett Vaughn Ware Mr. Speaker On the passage of the Bill, the ayes were 139, nays 2. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, FEBRUARY 12, 1974 1819 HB 1593. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others: A Bill to be entitled an Act to provide that any county or municipal corporation presently or hereafter operating a public golf course and offering for retail sale food or drink as an incident thereto, may, in its discretion, also sell at retail as an incident to the operation of such golf course, malt beverages by the drink, or may refuse to sell malt beverages; and for other purposes. The report of the Committee, which was favorable to the 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 Alexander, W. H. Alexander, W. M. Bailey Beckham Berlin Berry Blackshear Bohannon Brantley, H. H. Bray Brown, C. Buck Burton Busbee Carlisle Carrell Castleberry Clark Cole Coleman Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Greer Harden Harris, J. R. Hatcher Hawes Hays Hill, B. L. Hudson Hutchinson Irvin, R. Jessup Karrh Knight Lambert Larsen, G. K. Lee Levitas Lowrey Marcus Mason Matthews, C. McCracken McDaniell McKinney Morgan Mulherin Mullinax Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Rush Russell, W. B. Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Thompson Tucker Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wood 1820 JOURNAL OF THE HOUSE, Those voting in the negative were Messrs. Adams, G. D. Adams, Marvin Collins, M. Collins, S. Coney Harris, J. F. Irvin, J. Irwin, J. R. Keyton Lane, Dick Lane, W. J. Larsen, W. W. Mauldin Milford Nessmith Nix Patten, G. C. Rogers Ross Sams Savage Thomason Triplett Turner Twiggs Waddle Walker Wall Those not voting were Messrs,: Alien Atherton Bennett Bond Bostick Brantley, H. L. Brown, B. D. Brown, S. P. Burruss Carr Chance Colwell Davis, E. T. Dean, N. Dollar Dorminy Duke Ezzard Gignilliat Grantham Groover Hamilton Harrington Harrison Hill, G. Horton, G. T. Horton, W. L. Howard Howell Johnson Jones Jordan King Kreeger Lewis Logan Matthews, D. R. McDonald Miles Moyer Noble Northcutt Patten, R. L. Petro Reaves Russell, J. Sweat Toles Townsend Vaughn Wilson, J. M. Wilson, M. L. Mr. Speaker On the passage of the Bill, the ayes were 99, nays 28. The Bill, having received the requisite constitutional majority, was passed. HB 1751. By Messrs. Williams of the 9th and Pinkston of the 89th: A Bill to be entitled an Act to comprehensively and exhaustively revise, classify, consolidate, modernize and supersede the present laws relating to banks and banking (except for portions thereof dealing with branch banking and bank holding companies), banks and trust companies, credit unions, sale of checks, international banking corporations and bank agencies, business development corporations, building and loan associations, savings and loan associations, and similar entities; and for other purposes. By unanimous consent, further consideration of HB 1751 was postponed until tomorrow, February 13, 1974, immediately after the period of unanimous consents. TUESDAY, FEBRUARY 12, 1974 1821 The Speaker Pro Tempore announced the House would be in recess pending the call of the Chair. The Speaker Pro Tempore called the House to order. 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 Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1841. Do Pass, by substitute. SB 600. Do Pass. Respectfully submitted, Williams of 9th District, Chairman. 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. 1822 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Wednesday, February 13, 1974 The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker. Prayer was offered by the Reverend George Bennett, Pastor, Mount Calvary Baptist Church, Marietta, 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 busi ness during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. The following report of the Committee on Rules was read and adopted: Mr. Speaker: Your Committee on Rules met and fixed the calendar for Wednesday's busi ness, February 13, 1974, and submits the following: HB 60. Motor Carrier, Define Term HB 104. Motor Carriers, Corporate Limits WEDNESDAY, FEBRUARY 13, 1974 1823 HB 127. Criminal Cases, Jury Verdict HR 41- 135. Justices and Judges; Terms HB 447. Cities, Pedestrian Traffic, Walks HR 574. Spewrell Bluff Dam Project HB 1011. Counties & Cities, Local Income Tax HB 1012, Counties & Cities, Local Sales Tax HB 1300. Department Public Safety, Longevity Credits HB 1327. Traffic Accident reports HB 1330. Public Safety Emp., Suspended, Hearing Date HB 1331. Speed Restrictions Racing, Penalty HB 1332. Detention Facilities, Minimum Standards HB 1364. Counties, Stds. for Budget, Audit HB 1390. University System, Member Armed Forces Tuition HB 1407. Jury Duty, Females Rights & Liabilities HB 1465. Credit Union Dep. Ins. Corp. HB 1507. Penal & Criminal Statutes, Emergency, Gov. HB 1508. Motor Vehicle Flashing Blue Lights HB 1509. Interstate Civil Defense & Disaster Compact HB 1528. Demand for Trial, Held in Abeyance HB 1535. Forestry Comm.; Trees infested HB 1542. Peace Officers Stds. Council; Quorum HB . 1543. Peace Officers Stds. Council; Composition HB 1555. Prosecuting Attorneys; Council HB 1557. Billiard Rooms, Intoxicating Liquors HB 1572. Judges & Justices; Transfer HB 1601. Examining Boards, Classes of Applicants HB 1614. Motor Vehicle MFG Whlsers. Div., Licensing HB 1616. Human Resources Comm., Delegate Powers HB 1627. Income Tax, Funds Withheld, Felony HB 1628. Sales Tax, Funds Collected, Felony HR 542-1634. New Constitution, Proposing HB 1665. Consumer Rebate or Disc., Buyer Leads HB 1676. Insurance; Funeral Contracts HR 561-1682. Veteran, Disabled, Homestead Exemption 1824 JOURNAL OF THE HOUSE, HR 562-1682. Disable Veteran, Widow, Homestead Exemption HB 1687. MFPE, School Bus Drivers, Salaries HB 1697. Workmen's Compensation, Employee Coverage HB 1705. Fiduciary Investment Co., Real Estate HB 1731. Conservation Rangers Classes of Employees HB 1751. Banks & Banking, Code, Revise (Postponed) HB 1764. Criminal Justice Commission, Create HB 1801. Traffic Accidents on Expressway System HB 1844. Alcoholic Beverages; Sale limited container Size HB 1845. Alcoholic Beverages; Licenses Fees HB 1846. Alcoholic Beverages; Applicants, Investigate HB 1847. Alcoholic Beverages; Sales Limit Quantity of sale HB 1848. Alcoholic Beverages; Limit Possessed SB 117. D. A. Emeritus & D. A. Retirement Fund SB 153. Insurance; Physician and Doctor SB 227. Area Planning and Development Comm. Contracts SR 284. Hwy. 441, Designate Blue Star Memorial Hwy. SB 326. Pardons and Parole, aged and disabled inmates SB 477. Senatorial Districts, Relative to SB 495. Uniform Narcotic Drug Act SB 513. Health Insurance Fund, Investment of Funds The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire. Respectfully submitted, Lambert of the 97th, Vice-Chairman By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees: HB 1999. By Mr. Ross of the 72nd: A Bill to be entitled an Act to amend an Act placing certain of the county officers of Wilkes County upon an annual salary, so as to change WEDNESDAY, FEBRUARY 13, 1974 1825 the compensation of the deputy clerk of the superior court; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2000. By Messrs. Harris and Thomason of the 8th: A Bill to be entitled an Act to reincorporate the City of Cartersville in the County of Bartow; to create a new charter for said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2001. By Mr. Larsen of the 102nd: A Bill to be entitled an Act to provide that no policy or contract of group accident, group health or group accident and health insurance shall be issued or delivered in this State, unless such policy or contract shall provide for reimbursement for any service which is within the lawful scope of practice of a duly licensed practicing psychologist which shall be administered to a person covered under any such policy for such service; and for other purposes. Referred to the Committee on Insurance. HB 1002. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th: A Bill to be entitled an Act to amend an act fixing the compensation of and for members of the Board of Commissioners of Floyd County, so as to change the provision for an expense allowance for the chair man and other members of the Board of Commissioners of Floyd County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2003. By Mr. Harrison of the 116th: A Bill to be entitled an Act to amend an Act creating and establishing a Board of Funeral Service, so as to require that an applicant for license as a funeral director possess a valid license to practice embalm ing; and for other purposes. Referred to the Committee on Rules. HB 2004. By Mr. Morgan of the 70th: A Bill to be entitled an Act to amend Code Section 109A-4-104, relating 1826 JOURNAL OF THE HOUSE, to definitions under Article 4 of the Uniform Commercial Code, so as to change the definition of the word "item"; and for other purposes. Referred to the Committee on Banks and Banking. HB 2005. By Messrs. Dent of the 78th, Miles of the 79th, Sams of the 83rd, Beckham of the 82nd, Connell of the 80th and Mulherin of the 81st: A Bill to be entitled an Act to amend the charter of the City of Augusta, incorporated as the Council of Augusta, so as to allow the members of council to succeed themselves in office; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2006. By Messrs. Wheeler and Grantham of the 127th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alma, so as to change the provisions relating to salaries of certain municipal officers; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2007. By Messrs. Knight and Mullinax of the 65th: A Bill to be entitled an Act to amend Code Title 9, relating to at torneys at law, so as to require all persons seeking admission to the bar to take an examination; to repeal provisions relating to admission by comity; and for other purposes. Referred to the Committee on Special Judiciary. HB 2008. By Messrs. Knight and Mullinax of the 65th: A Bill to be entitled an Act to amend an Act establishing the State Court of Coweta County (formerly Civil and Criminal Court of Coweta County and City Court of Newnan), so as to change the salary of the judge and solicitor of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2009. By Messrs. 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 Franklin, so as to provide for the selection of the clerk and other employees by the mayor and council; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. WEDNESDAY, FEBRUARY 13, 1974 1827 HB 2010. By Messrs. Jessup, Larsen and Coleman of the 102nd: A Bill to be entitled an Act to amend an Act providing for a new charter of the City of Cochran, so as to make certain clarifying amendments thereto; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2011. 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 if any elective officer of the City of Cochran shall qualify for any other elective office without first resigning his present elective office, said office shall be immediately vacated and shall be filled as provided by law; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2012. By Messrs. Pearce and Buck of the 87th, Thompson, and Berry of the 86th and King of the 85th: A Bill to be entitled an Act to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, so as to change certain costs of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2013. By Messrs. Wood, Whitmire and Williams of the 9th: A Bill to be entitled an Act to require all taxes due to the State of Georgia on taxable property in Hall County, other than motor vehicles, and all taxes due to Hall County on taxable property in Hall County, other than motor vehicles, to be paid in two equal installments; to provide that at least one-half of the total amount of such taxes shall be paid between July 1 and August 1 and that the balance shall be paid by December 1; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 674-2013. By Messrs. Wood, Whitmire and Williams of the 9th: A Resolution proposing an amendment to the Constitution so as to enlarge and change the power of the General Assembly in relation to the system and administration of taxation and public revenue in Hall County, by authorizing the General Assembly to prescribe by law the time for making levies and assessments, the manager in which tax 1828 JOURNAL OF THE HOUSE, bills and notices shall be prepared, the number, form and content of tax bills and notices; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 675-2013. By Mr. Matthews of the 122nd: A Resolution compensating Mr. William L. Ramsey; and for other purposes. Referred to the Committee on Appropriations. HB 2014. By Messrs. Busbee, Hatcher, Hutchinson and Odom of the '114th: A Bill to be entitled an Act to amend an Act creating the City Court of Albany, so as to change the name of said court; to change the jurisdiction thereof; to provide for six-man juries for the trial of criminal offenses; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 677-2014. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th, Triplett of the lllth, Alien of the 108th, Blackshear of the 106th and Chance of the 112th: A Resolution proposing an amendment to the Constitution so as to create the Downtown Savannah Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 678-2014. By Messrs. Hatcher, Hutchinson, Odom and Busbee of the 114th: A Resolution authorizing the State Librarian to furnish the new Judge of the Superior Court of the Dougherty Judicial Circuit with certain books; and for other purposes. Referred to the Committee on Special Judiciary. HB 2015. By Messrs. Sams of the 83rd, Miles of the 79th, Dent of the 78th, Connell of the 80th, Mulherin of the 81st, Lewis of the 77th: A Bill to be entitled an Act to amend an Act providing for the ap pointment 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, so as to repeal the provision creating the position of associate judge of such State Courts; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. WEDNESDAY, FEBRUARY 13, 1974 1829 HB 2016. By Messrs. Sams of the 83rd, Miles of the 79th, Dent of the 78th, Connell of the 80th, Mulherin of the 81st, and Lewis of the 77th: A Bill to be entitled an Act to amend an Act creating a Richmond County Board of Tax Assessors, so as to provide for the powers of said board; to provide for returns required by taxpayers; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2017. By Messrs. Brown, Coney, Pinkston,-Berlin, Dickey and Evans of the 89th: A Bill to be entitled an Act to amend an Act known as the "MaconBibb County Water and Sewage Authority Act", so as to extend the terms of the members of the Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2018. By Messrs. Matthews and Collins of the 122nd: A Bill to be entitled an Act to recreate the Board of Commissioners of Colquitt County; to provide for Commissioner districts; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2019. By Messrs. Matthews and Collins of the 122nd: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Moultrie, so as to provide that all municipal elections shall be held and conducted in accordance with the provisions of Code Title 34A, the Georgia Municipal Election Code, as the same is now or hereafter amended; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2020. By Messrs. Carlisle and Brown of the 67th: A Bill to be entitled an Act to abolish the office of treasurer of Fayette County; to provide that the board of commissioners of Fayette County shall appoint depositories for county funds; and for other purposes. Referred to the Committee on State Planning & Community Affairs:--Local Legislation. HB 2021. By Mr. Russell of the 62nd: A Bill to be entitled an Act to reincorporate the City of Winder in the 1830 JOURNAL OP THE HOUSE, County of Barrow; to create a new charter for said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2022. By Messrs. Reaves, Patten and Bennett of the 124th: A Bill to be entitled an Act to provide for a referendum election on the question of reapportioning the Commissioner Districts of Brooks County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2023, 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 Grayson in Gwinnett County, so as to change the name of said town to the City of Grayson; to change the provisions relative to the term of office of the mayor; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2024. By Messrs. Mason of the 59th and Wall of the 61st: A Bill to be entitled an Act to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the judge of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 679-2024. By Messrs. Carlisle and Brown of the 67th: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County and every munici pality and board of education located in said county to enter into leases for a term not exceeding 20 years for land, buildings or facilities, or any combination thereof, to be used for governmental or educational purposes; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 680-2024. By Messrs. Carlisle and Brown of the 67th: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Fayette County and every munici pality and board of education located in said county to enter into leases for a term not exceeding 20 years for land, buildings or facilities, or WEDNESDAY, FEBRUARY 13, 1974 1831 any combination thereof, to be used for governmental or educational purposes; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 681-2024. By Mr. Wamble of the 120th: A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from ad valorem taxation property of nonprofit homes for the aged which is used in connection with the operation of such homes and the providing of housing and care for residents of such homes; and for other purposes. Referred to the Committee on Ways and Means. HR 682-2024. By Messrs. Mason of the 59th and Wall of the 61st: A Resolution proposing an amendment to the Constitution empowering the Board of Commissioners of Gwinnett County to impose speed limits on all public roads and streets in the unincorporated area of Gwinnett County, to establish weight limits on bridges, on public roads and streets in the unincorporated area of Gwinnett County; to establish truck routes along public roads; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 683-2024. By Messrs. Rainey of the 115th, Hays of the 1st, Peters of the 2nd, Alien of the 108th and Grahl of the 88th: A Resolution directing the Department of Natural Resources to investi gate the feasibility of assuming control of Lake Tobesofkee as a State Park; and for other purposes. Referred to the Committee on Recreation. HB 2025. By Messrs. Coney, Brown, Berlin, Pinkston and Dickey of the 89th: A Bill to be entitled an Act to create the Macon-Bibb County Urban Development Authority; to establish said Authority as a public body corporate and politic; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2026. 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 1832 JOURNAL OF THE HOUSE, annual salary in lieu of the fee system of compensation, 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 2027. By Mr. Tucker of the 69th: A Bill to be entitled an Act to authorize the Board of Commissioners of Henry County to assess and collect license fees upon certain business activities conducted within Henry County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 685-2027. By Messrs. Coney, Brown, Berlin, Pinkston, Evans and Dickey of the 89th: A Resolution proposing an amendment to the Constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, monies, and services directly, or through the Macon-Bibb County Urban Develop ment Authority, for the purposes of acquiring, constructing improving, altering, repairing and maintaining properties within Bibb County, so as to develop and redevelop urban, central city and downtown areas located within the County of Bibb; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. ' ;T HB 2028. By Mr. Connell of the 80th: A Bill to be entitled an Act to provide for a special police protection district within Richmond County; to authorize the governing au thority to exercise the power of taxation within such district in order to meet the costs of providing such protection; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2029. By Messrs. Miles of the 79th and Sams of the 83rd: A Bill to be entitled an Act to amend an Act pertaining to the admin istration of taxing laws, and, particularly, compromise settlements of suits, so as to provide for the release of property subject to a state tax lien in certain circumstances; and for other purposes. Referred to the Committee on Ways and Means. HR 687-2029. By Messrs. Lane and Nessmith of the 76th: A Resolution proposing an amendment to the Constitution so as to WEDNESDAY, FEBRUARY 13, 1974 1833 provide that the School Superintendent of the Bulloch County School System shall be appointed by the Bulloch County Board of Education rather than elected by the voters of the Bulloch County School District; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2030. By Messrs. Horton of the 43rd, Alexander of the 39th, Marcus of the 26th and Brown of the 34th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, so as to. authorize the city to negotiate and execute leases and other agreements with individuals, firms and corporations whereby such individuals, firms or corporations shall have the right to regulate and control public streets, public alleys and ways and the usage thereof in the historic zone of the city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2031. By Mr. Tucker of the 69th : A Bill to be entitled an Act to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to change the corporate limits of said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2032. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to provide for the compensation of the sheriff of all counties in the State having a population of not less than 10,600 and not more than 10,900; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2033. By Messrs. Davis of the 56th, Jordan of the 58th, Collins of the 45th, Harris of the 51st, Russell of the 53rd, Floyd of the 56th, Burton of the 47th, Noble of the 48th, Geisinger of the 44th and others: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of DeKalb County, so as to provide that if any member of the Board of Commissioners of DeKalb County shall quality for nomination or election to any other elective office, his position of mem bership on the Board shall be vacated; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. 1834 JOURNAL OF THE HOUSE, HB 2034. By Mr. Dean of the 17th: A Bill to be entitled an Act to amend an Act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission, so as to create the position of assistant forest ranger in all Forestry Districts in this State; to provide that assistant forest rangers shall be governed by the rules and regulations of the State Merit System; and for other purposes. Referred to the Committee on Natural Resources. HB 2035. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change the provisions relating to the election of the mayor and council; 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 1926. By Messrs. Wall of the 61st and Russell of the 62nd: A Bill to be entitled an Act to amend an Act to create a new charter for the Town of Auburn, so as to change the corporate limits of said town; to change the residency requirement for voting in the elections of said town; and for other purposes. HB 1927. By Messrs. Wall of the 61st and Russell of the 62nd: A Bill to be entitled an Act to amend Code Section 92-4101, relating to limitation on cities' right of taxation, so as to include the City of Auburn as one of the cities and towns to which the prohibition of the Code Section does not apply; and for other purposes. HB 1928. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of Butts County, so as to provide an expense allowance for each commissioner; to increase the amount of merchandise which may be purchased or sold without advertising for bids; and for other pur poses. HB 1929. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act placing the treasurer of Butts County upon an annual salary, so as to change the compensa tion of the treasurer; and for other purposes. WEDNESDAY, FEBRUARY 13, 1974 1835 HB 1930. By Mr. Carrell of the 71st: A Bill to be entitled an Act to create and establish a Small Claims Court in and for each county of the State having a population of not less than 22,830 and not more than, 23,500; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; and for other purposes. HB 1931. By Mr. Collins of the 122nd: A Bill to be entitled an Act to create the Hinsonton Water Authority; and for other purposes. HB 1932. By Mr. Collins of the 122nd: A Bill to be entitled an Act to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the provisions relating to the compensation of the chairman and members of the Board of Commissioners of Mitchell County; and for other purposes. HB 1933. By Mr. Irwin of the 113th: A Bill to be entitled an Act to amend the charter of the Town of Shellman in Randolph County, so as to provide for recall elections; to provide special elections for filling vacancies; and for other purposes. HB 1934. By Messrs. Harden and Rogers of the 128th: A Bill to be entitled an Act to amend an Act creating the State Court of Glynn County, so as to comprehensively and exhaustively revise, supersede, consolidate and modernize the provisions of said Act, as amended; to redefine the jurisdiction and powers of said court; and for other purposes. HB 1935. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act placing the coroner of Butts County upon an annual salary, so as to change the compensation of the coroner; and for other purposes. HB 1936. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Butts County upon an annual salary, so as to change the compensa tion of the Deputy Sheriffs of Butts County; and for other purposes. HB 1937. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Barnesville, so as to change the terms of office of the mayor and councilmen; to change the date on which the municipal election is conducted; and for other purposes. 1836 JOURNAL OP THE HOUSE, HB 1938. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to provide for the submission and approval of annual budgets for the office of the sheriff in certain counties of this State (population of not less than 23,480 and not more than 23,565) ; and for other purposes. HB 1939. By Messrs. Cole of the 6th, Turner of the 3rd: A Bill to be entitled an Act to create a board of elections in certain counties (population of not less than 51,000 and not more than 55,110) ; to provide for the appointment, terms and qualifications of members; and for other purposes. HB 1940. By Mr. Larsen of the 102nd: A Bill to be entitled an Act to amend an Act requiring all pecan proces sors and wholesalers in the State of Georgia to secure a license from the Department of Agriculture, enacted by the General Assembly of Georgia at the 1974 regular session (HB 1402, Act number------) ; so as to authorize the Commissioner of Agriculture to exempt from any of the prohibitions and requirements of the Act of any licensed wholesaler who sells only to another licensed wholesaler or to a processor licensed under said Act; and for other purposes. HB 1941. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relative to game and fish, so as to provide for a full deer hunting season with dogs in Webster and Stewart Counties each year; and for other purposes. HB 1942. By Messrs. Larsen of the 102nd and Murphy of the 18th: A Bill to be entitled an Act to amend the Executive Reorganization Act of 1972, so as to change the method of selecting the members of the Board of Public Safety; to provide for the election of officers by the Board; to provide for the membership of the Promotion Board; and for other purposes. HR 658-1942. By Mr. Hays of the 1st: A Resolution authorizing the conveyance of certain State-owned real property located in Union County, Georgia, to the United States; au thorizing the acceptance of certain property owned by the United States and located in Union County; and for other purposes. HR 659-1942. By Mr. Harris of the 51st: A Resolution proposing an amendment to the Constitution so as to authorize the County of DeKalb to issue bonds for lawful public purposes without an election under certain conditions; and for other purposes. WEDNESDAY, FEBRUARY 13, 1974 1837 HR 660-1942. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th: A Resolution proposing an amendment to the Constitution so as to create the Douglasville-Douglas County Stadium Authority; and for for other purposes. HB 1943. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County; so as to change the maximum salary which the tax commissioner may be paid; and for other purposes. HB 1944. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend an Act abolishing the fee system and providing an Annual salary for the Ordinary of Habersham County, so as to change the provisions relative to the clerk of the ordinary; and for other purposes. HB 1945. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to provide for the licensing and regulation of the auto repair business in this State; and for other purposes. HB 1946. By Messrs. Coleman, Jessup and Larsen of the 102nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Eastman, so as to provide that all obligations or debts of the city shall be paid only upon warrants or vouchers; and for other purposes. HB 1947. By Messrs. Morgan of the 70th, Smith of the 74th, Adams of the 36th and Hutchinson of the 114th: 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 vehicles sold in this State after a certain date shall be equipped with a warning signal indicating when the lights of the motor vehicle are on or device which automatically turns such lights off; and for other purposes. HR 661-1947. By Messrs. Dean of the 60th and Mason of the 59th: A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of Sugar Hill who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000 per annum, shall be granted a homestead exemption of $2,000 from ad valorem taxation by said city; and for other purposes. 1838 JOURNAL OF THE HOUSE, HB 1948. By Messrs. Connell of the 80th, Miles of the 79th, Sams of the 83rd, Dent of the 78th, Mulherin of the 81st and Beckham of the 82nd: A Bill to be entitled an Act to amend Code Section 23-2304, relating to burial of paupers, so as to increase the maximum allowable burial expenses for paupers in certain counties (population of not less than 160,000 nor more than 165,000) ; and for other purposes. HB 1949. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said sheriff; and for other purposes. HB 1950. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Ordinary of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the ordinary; and for other purposes. HB 1951. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Fayette County, so as to change the compensation of the tax commissioner; and for other purposes. HB 1952. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act incorporating the Town of Tyrone, so as to change the corporate limits of the town; and for other purposes. HB 1953. By Mr. Marcus of the 26th: A Bill to be entitled an Act to amend Code Chapter 84-10, relating to the practice of nursing, so as to define the practice of nursing; and for other purposes. HB 1954. By Mr. Marcus of the 26th: A Bill to be entitled an Act to amend Code Chapter 84-10, relating to the practice of nursing, so as to provide that the Board of Examiners of Registered Nurses may establish reasonable fees for examinations, licenses, and renewals of licenses; to lower the minimum age for registration as a graduate nurse from 20 to 18 years of age; and for other purposes. WEDNESDAY, FEBRUARY 13, 1974 1839 HB 1955. By Messrs. Bennett, Patten and Reaves of the 124th: A Bill to be entitled an Act to amend an Act incorporating the Town of Remerton, so as to change the name of the Town of Remerton to the City of Remerton; to change the provisions relating to the election of the mayor and council; and for other purposes. HB 1956. By Mr. Ployd of the 5th: 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 a short title; to change the name of the Executive Board of the Georgia World Congress Center; to reconstitute and continue the Executive Board of the Georgia World Congress Center as an authority; and for other purposes. HB 1957. By Messrs. Atherton of the 19th, McDaniell of the 20th, Howard of the 19th, Nix and Duke of the 20th and Kreeger of the 21st: A Bill to be entitled an Act to change the boundaries of the seven Education Districts of the Cobb County School District; to provide for education districts; and for other purposes. HB 1958. By Messrs. Patten and Bostick of the 123rd: A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the Sheriff of Cook County known as the fee system and providing in lieu thereof an annual salary, so as to change the pro vision relating to reimbursing the sheriff for expenses incurred in feeding prisoners; and for other purposes. HR 662-1958. By Messrs. Coney, Dickey, Evans, Berlin, Pinkston and Brown of the 89th: A Resolution proposing an amendment to the Constitution so as to provide for the compensation of the elective members of the Board of Public Education and Orphanage of Bibb County and to authorize the General Assembly to hereafter provide by local law for such compensa tion without the necessity of any such local law being approved in a referendum election thereon; and for other purposes. HR 663-1958. By Messrs. Mason of the 59th and Wall of the 61st: A Resolution proposing an amendment to the Constitution so as to provide that residents of Gwinnett County who are totally disabled shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said County; and for other purposes. 1840 JOURNAL OF THE HOUSE, HR 664-1958. By Messrs. Mason of the 59th and Wall of the 61st: A Resolution proposing an amendment to the Constitution so as to provide that residents of the City of Snellville who are 65 years of age or over or who are totally disabled shall be granted a homestead ex emption of $2,000 from ad valorem taxation by said City; and for other purposes. HB 1959. By Messrs. Kreeger of the 21st, Nix of the 20th and Howard of the 19th: A Bill to be entitled an Act to amend Code Chapter 29-4, relating to the recording of deeds and other registrable instruments, so as to require the clerk of the superior court of each county to maintain an index of registrable instruments pertaining to real estate; and for other purposes. HB 1960. By Messrs. Sams of the 83rd, Connell of the 80th, Beckham of the 82nd, Mulherin of the 81st, Dent of the 78th and Miles of the 79th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for the County of Richmond, so as to change the term of the grand jury of Richmond County which shall submit each year to the governing authority of Richmond County a list of three certified public accounting firms from which the firm which shall audit the county offices is chosen; and for other purposes. HR 665-1960. By Messrs. Moyer of the 99th, Waddle of the 98th and Walker of the 100th: A Resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County; and for other purposes. HB 1961. By Mr. Dollar of the 63rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglasville, so as to change the corporate limits of said city; and for other purposes. HB 1962. By Messrs. Davis, Horton, Floyd of the 56th, Noble of the 48th, Burton of the 47th, Collins of the 45th, Geisinger of the 44th and Jordan of the 58th: A Bill to be entitled an Act to amend an Act creating the Recorder's Court of DeKalb County, so as to change the maximum puishment which may be imposed by the recorder's court; and for other purposes. HB 1963. By Messrs. Rogers and Harden of the 128th: A Bill to be entitled an Act to authorize each municipal corporation WEDNESDAY, FEBRUARY 13, 1974 1841 and each county of this State to enter into certain valid and binding contracts to provide industrial waste water treatment services; and for other purposes. HB 1964. By Mr. Bray of the 66th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Talbot County on an annual salary, so as to change the provisions relat ing to the expenses of the sheriff's office; and for other purposes. HB 1965. By Mr. Bray of the 66th: A Bill to be entitled an Act to amend an Act providing for the com pensation of the chairman and members of the Board of Commissioners of Meriwether County, so as to change the compensation of the chair man and members of the Board of Commissioners of Meriwether County; and for other purposes. HR 666-1965. By Messrs. Duke of the 20th, Howard and Atherton of the 19th, McDaniell and Nix of the 20th, Kreeger of the 21st, and Burruss of the 21st: A Resolution proposing an amendment to the Constitution so as to create the Board of Elections of Cobb County and to provide for a Superintendent of Elections; and for other purposes. HR 667-1965. By Messrs. Nix of the 20th, Kreeger of the 21st, Atherton of the 19th, McDaniell and Duke of the 20th and Burruss of the 21st: A .Resolution proposing an amendment to the Constitution so as to provide that the governing authorities of Cobb County and of each incorporated municipality located within Cobb County shall pay onehalf of the revenues, after deducting administrative costs of not more than 10%, derived from taxes authorized by the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; and for other purposes. HB 1966. By Mr. Oxford of the 101st: A Bill to be entitled an Act to amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, so as to permit the judge of said court to practice law in any court except the State Court of Sumter County; and for other purposes. HB 1967. By Messrs. Ware, Mullinax and Knight of the 65th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville in the County of Troup, so as to extend the corporate limits of the city; and for other purposes. 1842 JOURNAL OF THE HOUSE, HB 1968. By Messrs. Snow of the 1st, Floyd of the 5th, Cole and Foster of the 6th: A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Lookout Mountain Judicial Circuit, so as to change the salary of said court reporter; and for other purposes. HB 1969. By Messrs. Brown of the 34th, Evans of the 89th, Patten of the 124th and Bond of the 32nd: A Bill to be entitled an Act to provide for the continuation of com munity action agencies in the State of Georgia; to establish an admin istrative office for community assistance in the office of the Gov ernor; to authorize appropriations for community assistance; and for other purposes. HB 1970. By Mr. Reaves of the 124th: A Bill to be entitled an Act to provide that every licensed veterinarian and every operator of a facility for boarding animals or pets shall have a lien on such animals or pets for payment of charges for keeping, feeding or treating such animals or pets; to provide for custody; and for other purposes. HB 1971. By Messrs. Hudson of the 115th, Fraser of the 117th and Bostick of the 123rd: A Bill to be entitled an Act to amend Code Section 85-406, relating to the obtaining of good title to realty by adverse possession, so as to change the provisions relating to the obtaining of good title by adverse possession in regard to certain classes of property; and for other pur poses. HB 1972. By Mr. Carrell of the 71st: A Bill to be entitled an Act to provide that there shall be a board of tax assessors in certain municipalities within this State; to provide for the duties and powers of said board; and for other purposes. HR 668-1972. By Messrs. Wood, Whitmire and Williams of the 9th: A Resolution proposing an amendment to the Constitution so as to provide for a Commission of Public Safety for Forsyth County; and for other purposes. HB 1973. By Messrs. Irvin of the 10th, Ritchie of the llth and Twiggs of the 4th: A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Courts of the Mountain Judicial Circuit as WEDNESDAY, FEBRUARY 13, 1974 1843 applied to the official court reporter in felony cases and providing compensation and salary for said official court reporter for attendance upon court in felony cases in the Superior Courts and for reporting and transcribing felony cases, so as to change the compensation of the court reporter; and for other purposes. HB 1974. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, so as to change the term of court for the superior courts within the circuit; and for other purposes. HB 1975. 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 relative to taxation for the support and maintenance of the public school system of said city; and for other purposes. HB 1976. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the office of tax commissioner, so as to change the provisions relative to the com pensation of the assistants for the tax commissioner; and for other purposes. HB 1977. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the superior court of Bulloch County, so as to change the provisions relative to the compensation of the deputy clerk and other assistants to the clerk; and for other purposes. HB 1978. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Bulloch County, so as to change the provisions relative to clerical assistants; and for other purposes. HB 1979. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act providing an annual salary for the ordinary of Bulloch County, so as to change the provisions relative to the amount allowed for clerical help; and for other purposes. HB 1980. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act.placing the sheriff of Bulloch County on an annual salary, so as to change the provisions relative to the compensation of the sheriff's deputies; and for other purposes. 1844 JOURNAL OF THE HOUSE, HB 1981. By Messrs. Edwards of the 95th, Castleberry of the 96th, Pearce of the 87th, Berry of the 86th and Buck of the 87th: A Bill to be entitled an Act to amend an Act relating to the use of State and privately-owned motor vehicles by State officials, officers and employees, so as to increase the mileage allowance authorized for State officials and employees when traveling in certain automobiles; and for other purposes. HB 1982. By Mr. Smith of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Pairburn, so as to change the maximum penalty to be imposed by the City of Fairburn's Recorder's Court; and for other purposes. HB 1983. By Mr. Smith of the 42nd: A Bill to be entitled an Act to amend an Act incorporating Union City, so as to change the date for holding elections for the office of Mayor and Council; and for other purposes. HB 1984. By Messrs. Miles of the 79th, Sams of the 83rd, Dent of the 78th, Connell of the 80th, Mulherin of the 81st: 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 population of not less than 145,000 and not'more than 165,000, so as to change the compensation provisions relative to employees in the sheriff's office; and for other purposes. HR 671-1984. By Messrs. Brown and Carlisle of the 67th: A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Fayette County School District who is 62 years of age or over and who has an income from all sources, including the income of all members of the family residing within said homestead, not exceeding $6,000 per annum, shall be exempt from all ad valorem taxation for education purposes levied for and in behalf of such school system; and for other purposes. HR 672-1984. By Messrs. Brown and Carlisle of the 67th: A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Spalding County School District who is 62 years of age or over and who has an income from all sources, including the income of all members of the family residing within said homestead, not exceeding $6,000 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; and for other purposes. WEDNESDAY, FEBRUARY 13, 1974 1845 HB 1985. By Mr. Tucker of the 69th: A Bill to be entitled an Act to provide for a new Board of Commissioners of Henry County; and for other purposes. HB 1986. By Mr. Tucker of the 69th: A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Henry County; and for other purposes. HB 1987. 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, so as to change the compensation of the tax commissioner of Henry County; and for other purposes. HB 1988. By Mr. Groover of the 75th: A Bill to be entitled an Act to amend an Act consolidating and codify ing the various acts incorporating the City of Forsyth in the county of Monroe, so as to change the qualifications of the Recorder; and for other purposes. HB 1989. By Mr. Groover of the 75th: A Bill to be entitled an Act to provide for the compensation of the Sheriff of Monroe County; and for other purposes. HR 673-1989. By Mr. Brown of the 67th: A Resolution proposing an amendment to the Constitution so as to provide that effective December 31, 1974, no ad valorem taxes shall be imposed or levied upon any intangible personal property; and for other purposes. HB 1990. By Mr. Larsen of the 27th: A Bill to be entitled an Act to amend Code Section 95A-961, relating to permits for excess weight and dimension, so as to change the pro visions relating to fees; and for other purposes. HB 1991. By Mr. Dean of the 17th: A Bill to be entitled an Act to amend an Act creating a new charter 1846 JOURNAL OF THE HOUSE, for the City of Rockmart in the County of Polk, so as to change the corporate limits of said city; and for other purposes. HB 1992. By Messrs. Egan of the 25th, Dorminy of the 115th, and Carr of the 90th: A Bill to be entitled an Act to regulate the production of oil and gas; to provide a declaration of policy; to provide a short title; to define certain terms; to provide for the powers of the Board of Natural Re sources; and for other purposes. HB 1993. By Messrs. Dorminy and Hudson of the 115th: A Bill to he entitled an Act to amend an Act placing the Clerk of the Superior Court of Worth County on a salary basis, so as to change the compensation of said officer; and for other purposes. HB 1994. By Messrs. Dorminy and Hudson of the 115th: A Bill to be entitled an Act to provide an annual salary for the sheriff of each county in this State having a population of not less than 14,000 nor more than 15,000, to provide a procedure for fixing said salary; and for other purposes. HB 1995. By Messrs. Bailey, Lee, Johnson and Northcutt of the 68th: A Bill to be entitled an Act to amend Code Section 92-5001, relating to the rate of interest due on unpaid taxes, so as to authorize a change in the date unpaid taxes shall commence bearing interest; and for other purposes. HB 1996. By Mrs. Hamilton of the 31st and Mr. Daugherty of the 33rd: A Bill to be entitled an Act to amend Code Chapter 88-18, relating to Hospital Authorities, so as to authorize the State of Georgia to make grants to hospital authorities; to provide that the Department of Human Resources shall administer such grants; and for other purposes. HB 1997. By Mr. Roach of the 8th: A Bill to be entitled an Act to amend an Act known as "The Georgia Public Assistance Act of 1965", so as to provide that the Department of Human Resources may waive repayment of public assistance monies in accordance with regulations to be promulgated by the Department, which regulations shall conform to the Social Security Act and regula tions promulgated thereunder; and for other purposes. WEDNESDAY, FEBRUARY 13, 1974 1847 HB 1998. By Mr. Busbee of the 114th: A Bill to be entitled an Act to authorize the Governor of Georgia to appoint an Attorney at Law to serve as Consumers' Rate Counsel in pending utility rate cases, to define the duties of Consumers' Rate Counsel, to provide for remuneration, to provide an effective date; and for other purposes. SB 188. By Senator McGill of the 24th: A Bill to be entitled an Act to amend Code Chapter 114-6, relating to workmen's compensation insurance, so as to require the premium charged by an insurance company for workmen's compensation coverage of a sawmill be based on the payroll of the employer; and for other purposes. SB 291. By Senators Holley of the 22nd and Lester of the 23rd: A Bill to be entitled an Act to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to provide for concurrent jurisdiction in the juvenile court and superior court over certain delinquent acts; and for other purposes. SB 292. By Senators Holley of the 22nd and Lester of the 23rd: A Bill to be entitled an Act to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, so as to provide that felons over the age of 13 may be sentenced into the custody of the Department of Offender Rehabilitation; and for other purposes. SR 293. By Senator Jackson of the 16th: A Resolution proposing an amendment to the Constitution so as to exempt from all ad valorem taxation real property of a significant historical value which has been restored or reconstructed, which is open to the public and which is certified by the Department of Natural Resources; and for other purposes. SR 322. By Senators Overby of the 49th, Garrard of the 37th, Ward of the 39th and others: A Resolution to amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the membership of the Metropolitan Atlanta Rapid Transit Overview Committee; to direct the State Department of Transportation to assist the Committee; and for other purposes. 1848 JOURNAL OF THE HOUSE, SR 329. By Senators Lester of the 23rd and Holley of the 22nd: A Resolution authorizing the conveyance of certain State-owned real property located in Richmond County, Georgia, to the City of Augusta and the acceptance of certain property owned by the City of Augusta, located in Richmond County and Columbia Counties, Georgia, in con sideration therefor; and for other purposes. SR 344. By Senator McDuffie of the 19th and Barker of the 18th: A Resolution authorizing the conveyance of certain State-owned real property located in Pulaski County, Georgia; and for other purposes. SB 446. By Senator Duncan of the 30th: A Bill to be entitled an Act to amend an Act creating a Retirement System for Teachers, so as to provide additional circumstances under which members of the System may establish prior service credit; and for other purposes. SB 503. By Senators Lester of the 23rd, Thompson of the 32nd and Cox of the 21st: A Bill to be entitled an Act to amend an Act known as the "Litter Control Law", so as to change the penalty for littering; and for other purposes. SB 517. By Senator Overby of the 49th: A Bill to be entitled an Act to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, so as to provide for proceedings to forfeit bonds or recognizances upon failure of the princi pal to appear; and for other purposes. SB 535. By Senators Gillis of the 20th, McDuffie of the 19th and Summers of the 53rd: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the amount of creditable service which a member must have to be eligible to retire; and for other purposes. SB 575. By Senator Holloway of the 12th: A Bill to be entitled an Act to provide the granting of emergency powers of crisis management to the Governor; to provide for a title; to provide that the Governor is empowered to cooperate with the President and Federal agents of the United States concerning energy crisis and common defense matters; and for other purposes. WEDNESDAY, FEBRUARY 13, 1974 1849 SB 593. By Senator Kidd of the 25th: A Bill to be entitled an Act to exempt from all ad valorem taxation for educational purposes, levied by any county or independent school district, the homestead of any resident of such county or independent school district who is 62 years of age or older, and who has income not ex ceeding $6,000 per annum; and for other purposes. SB 605. By Senator Reynolds of the 48th: A Bill to be entitled an Act to amend the Georgia Code of Public Transportation, Title 95A, so as to make certain technical clarifications therein; to make certain grammatical and spelling corrections; and for other purposes. SB 608. By Senator Hudgins of the 15th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide for incentive pay increases for certain members of the Department of Public Safety; and for other purposes. SB 613. By Senator Fincher of the 54th: A Bill to be entitled an Act to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, so as to change certain definitions; to change the provisions relating to information required on prescrip tions and labels on containers; and for other purposes. SB 615. By Senator Kidd of the 25th: A Bill to be entitled an Act to provide for a requirement of American citizenship for appointment to any governmental position that partici pates directly in the formulation, execution or review of public policy; and for other purposes. SB 618. By Senators Wasden of the 2nd and Riley of the 1st: A Bill to be entitled an Act to provide that in counties having a popula tion of not less than 168,000 and not more than 196,000, and in municipal corporations within such counties, wherein the sale of alcoholic beverages is authorized, such sales for consumption on the premises shall be au thorized during certain hours; and for other purposes. SB 623. By Senator Parker of the 31st: A Bill to be entitled an Act to amend an Act establishing the State Court of Polk County, so as to change the compensation of the judge of said court; and for other purposes. 1850 JOURNAL OP THE HOUSE, SB 624. By Senator Parker of the 31st: A Bill to be entitled an Act to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensa tion, so as to change the compensation of the sheriff and his deputies; and for other purposes. SB 625. By Senator Riley of the 1st: A Bill to be entitled an Act to amend an Act approved April 13, 1973 (Ga. Laws 1973, p. 750), and known as the "Georgia State Financing and Investment Commission Act"; to declare the Georgia State Financing and Investment Commission to be an agency and instrumentality of the State of Georgia; and for other purposes. SB 627. By Senators Lester of the 23rd and Holley of the 22nd: A Bill to be entitled an Act to amend an Act known as the "Georgia Ports Authority Act", so as to authorize the Governor on behalf of the State, to convey certain property to the Georgia Ports Authority; and for other purposes. SB 631. By Senator Starr of the 44th: A Bill to be entitled an Act to amend an Act known as the "Cooperative Educational Service Agencies Act", so as to change the provisions rela tive to financing Cooperative Educational Service Agencies; and for other purposes. SB 632. By Senator Kennedy of the 4th: A Bill to be entitled an Act to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees, so as to change the amount of said monthly allowance; and for other purposes. SB 642. By Senator Smith of the 34th: A Bill to be entitled an Act to amend Title 34A, relating to municipal elections, so as to change the time within which registrars shall cease taking applications for registrations; to provide for the publication of notices of special elections; and for other purposes. SB 646. By Senator Tysinger of the 41st: A Bill to be entitled an Act to amend Code Chapter 84-3, relating to architects, so as to change the provision defining the practice of architecture; and for other purposes. WEDNESDAY, FEBRUARY 13, 1974 1851 SR 192. By Senator Fincher of the 54th: A Bill to be entitled an Act to provide protective and supportive pro tective and supportive services for adults; and for other purposes. SB 440. By Senator Bell of the 5th: A Bill to be entitled an Act to prohibit municipal or county govern ments from requiring employees to be residents of the municipality or county; and for other purposes. SB 512. By Senators Rowan of the 8th, Eldridge of the 7th and Kennedy of the 4th: A Bill to be entitled an Act to amend an Act entitled An Act to provide for the creation of the office of district attorney emeritus; and for other purposes. SB 545. By Senator Fincher of the 54th: A Bill to be entitled an Act to amend an Act known as the "Child Support Recovery Act", so as to redefine "court order" for child sup port; and for other purposes. SB 601. By Senator Lester of the 23rd: A Bill to be entitled an Act to amend an .Act providing for the payment of the cost of care of persons admitted or committed to State institutions which come under the management and control of the Georgia Depart ment of Human Resources, so as to change the definition of certain terms; 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1505. Do Pass. Respectfully submitted, Williams of 9th District, Chairman. 1852 JOURNAL OF THE HOUSE, Mr. Farrar of the 52nd District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 1815. Do Pass, as Amended. HB 1887. Do Pass. HB 1913. Do Pass, as Amended. Respectfully submitted, Farrar of the 52nd, Chairman. Mr. Lee of the 68th District, Chairman of the Committee on Industry, sub mitted the following report: Mr. Speaker: Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1629. Do Pass, as Amended. HB 1900. Do Pass. HB 1839. Do Pass, by Substitute. SB 500. Do Pass. Respectfully submitted, Lee of the 68th, 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, FEBRUARY 13, 1974 1853 of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 86. Do Pass, by Substitute. SB 88. Do Pass, by Substitute. Respectfully submitted, Snow of the 1st, Chairman. Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following 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 1435. Do Pass. HB 1622. Do Pass. HB 1888. Do Pass. SB 506. Do Pass, by Substitute. SB 443. Do Pass, by Substitute. SR 46. 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 follow ing Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 1269. Do Not Pass. HB 1774. Do Pass, by Substitute. Respectfully submitted, Smith of the 74th, Chairman. 1854 JOURNAL OF THE HOUSE, Mr. Buck of the 87th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1334. Do Pass. SB 521. Do Pass. Respectfully submitted, Buck of the 87th, Chairman. Mr. Roach of the 8th District, Chairman of the Committee on Special Judi ciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1639. Do Pass. SB 291. Do Not Pass. HB 1633. Do Pass. SB 151. Do Pass. SB 38. Do Pass. HB 1855. Do Pass. SB 516. Do Pass. Respectfully submitted, Roach of the 8th, Chairman. Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs (Local Legislation) has had under consideration the following Bills and Resolutions of the House and WEDNESDAY, FEBRUARY 13, 1974 1855 Senate and has instructed me to report same back to the House with the following recommendations: HB 1386. Do Pass. HB 1503. Do Pass. HB 1678. Do Pass. HB 1737. Do Pass, as Amended. HB 1759. Do Pass. HB 1812. Do Pass. HB 1879. Do Pass. HB 1881. Do Pass. HB 1882. Do Pass. HB 1909. Do Pass, as Amended. HB 1910. Do Pass, as Amended. HB 1912. Do Pass, as Amended. HB 1920. Do Pass. HB 1921. Do Pass. HB 1922. Do Pass. HB 1924. Do Pass. HB 1927. Do Pass. HB 1928. Do Pass. HB 1929. Do Pass. HB 1930. Do Pass. HB 1932. Do Pass. HB 1933. Do Pass. HB 1935. Do Pass. HB 1936. Do Pass. HB 1937. Do Pass. HB 1938. Do Pass. HB 1939. Do Pass. HB 1943. Do Pass. HB 1944. Do Pass. HB 1946. Do Pass. HB 1948. Do Pass. HB 1949. Do Pass. 1856 JOURNAL OF THE HOUSE, HB 1950. Do Pass. HB 1951. Do Pass. HB 1952. Do Pass. HB 1957. Do Pass. HB 1964. Do Pass. SB 101. Do Pass, by Substitute. HR 660-1942. Do Pass. HR 661-1947. Do Pass. HR 662-1958. Do Pass. HR 663-1958. Do Pass. HR 664-1958. Do Pass. HR 665-1960. Do Pass. HR 666-1965. Do Pass. HR 667-1965. Do Pass. Respectfully submitted, Levitas of the 50th, Chairman. Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 523. Do Pass, by Substitute. HB 1718. Do Not Pass. HB 1851. Do Pass. Respectfully submitted, Levitas of the 50th, Chairman. Mr. Roach of the 8th District, Chairman of the Committee on Special Judi ciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the fol- WEDNESDAY, FEBRUARY 13, 1974 1857 lowing Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: SB 176. Do Pass, as Amended. HB 1885. Do Pass, as Amended. Respectfully submitted, Roach of the 8th, Chairman. Mr. Howell of the 118th District, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the fol lowing 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 1833. Do Pass. HB 1280. Do Pass, by Substitute. HR 61- 191. Do Pass, by Substitute. SB 582. Do Pass, by Substitute. HB 1367. Do Pass, by Substitute. HB 1712. Do Pass. SB 553. Do Pass. SB 556. Do Pass. HB 1281. Do Pass, by Substitute. Respectfully submitted, Howell of the 118th, 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1876. Do Pass. 1858 JOURNAL OF THE HOUSE, HB 1763. Do Pass. SB 574. Do Pass. Respectfully submitted, Matthews of the 62nd, Chairman. By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1317. By Messrs. Jordan of the 58th and Farrar of the 52nd: A Bill to be entitled an Act to amend Code Chapter 24-27, relative to clerks of the superior courts, so as to provide for notices to purchasers of certain real property relative to homestead exemptions; and for other purposes. The following Committee substitute was read and adopted: A BILL To be entitled an Act to amend Code Chapter 24-27, relative to clerks of the superior courts, as amended, so as to require the clerks of the superior courts of counties having a population of not less than 300,000 nor more than 600,000, according to the United States Decennial Census of 1970, or any future such census, to provide for notices to purchasers of certain real property relative to homestead exemptions; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Code Chapter 24-27, relative to clerks of the superior courts, as amended, is hereby amended by adding a new Code Section between Code Sections 24-2714 and 24-2715 to be designated Code Section 24-2714.1 and to read as follows: "24-2714.1. Notice to purchasers of real property. As soon as practicable, after the clerk of the superior court of any county having a population of not less than 300,000 nor more than 600,000, according to the United States Decennial Census of 1970, or any future such census, files for record any warranty deed, mortgage or other instrument evidencing title to any real property, it shall be his duty to notify the purchaser of such real property, or the person who presented such instrument for recording, in writing by U. S. mail, that the purchaser of such real property should contact his tax receiver or tax commissioner to determine if such real property WEDNESDAY, FEBRUARY 13, 1974 1859 qualifies for a homestead exemption and to obtain further instruc tions from said tax receiver or tax commissioner relative to return ing such real property for taxation and making application for homestead exemption. Such notification may be accomplished by sending a notice to the purchaser, or other person who presented the instrument for recording, at the time such instrument is re turned to such purchaser, or other person, in substantially the fol lowing form: 'NOTICE If the purchaser resides on the real property which is the sub ject of the enclosed instrument filed for record, such purchaser may be entitled to either a $2,000.00 or $4,000.00 homestead exemption. Such purchaser should apply for such homestead exemption at the office of the county tax commissioner or tax receiver.' " Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1386. By Messrs. McKinney of the 35th and Brown of the 34th: A Bill to be entitled an Act to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities who have served 25 years, so as to authorize present officers and employees to claim for service pension rights credit certain time served as a member of the Armed Forces; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1860 JOURNAL OF THE HOUSE, HB 1503. By Mr. Adams of the 36th: A Bill to be entitled an Act to amend Code Chapter 59-1, pertaining to jurors, so as to provide that in certain counties (population 600,000 or more), the governing authority in such counties shall prescribe the com pensation to be paid jurors and bailiffs; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1678. By Mr. Irvin of the 23rd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to increase the maximum fines and jail sentences that can be levied by the recorder 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 1737. By Mr. Davis of the 56th: A Bill to be entitled an Act to amend an Act creating the Recorder's Court of DeKalb County, so as to change the provisions relative to the qualifications of the judge of said court; to change the maximum punishment which may be imposed by the recorder's court; and for other purposes. The following Committee amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1737 as follows: By striking from the title the following: WEDNESDAY, FEBRUARY 13, 1974 1861 "to change the maximum punishment which may be imposed by the recorder's court;" By striking Section 2 in its entirety and by renumbering Sections 3 and 4 as Section 2 and 3 respectively. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1759. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to provide that the Board of Commissioners of Screven County shall have the authority to establish for its officers and employees a retirement and pension benefit plan; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1812. By Messrs. Sams of the 83rd and Miles of the 79th: 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, so as to revise, consolidate and clarify all the laws establishing, con cerning and relating to the Municipal Court, City of Augusta, in and for the County of Richmond; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. 1862 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1879. By Messrs. Miles of the 79th, Sams of the 83rd, Beckham of the 82nd, Mulherin of the 81st, Dent of the 78th and Connell of the 80th: A Bill to be entitled an Act to provide for the continued existence of the public school system of the County of Richmond in accordance with Section X of Article VIII of the Constitution of the State of Georgia and for its management and control as provided in an Act approved August 23, 1872; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1881. By Messrs. Kreeger of the 21st, Nix and McDaniell of the 20th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits of the City of Smyrna; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1882. By Mr. Kreeger of the 21st: A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Powder Springs, so as to provide for annexation of certain territory to the City of Powder Springs; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. WEDNESDAY, FEBRUARY 13, 1974 1863 The Bill, having received the requisite constitutional majority, was passed. HB 1909. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd, Dent of the 78th, Beckham of the 82nd, Lewis of the 77th and Connell of the 80th: A Bill to be entitled an Act to fix the compensation of the treasurers in certain counties (population of not less than 145,000 nor more than 165,000), and to provide for the employment and compensation of per sonnel within such treasurers' offices; and for other purposes. The following Committee amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1909 as follows: by Adding in line 15 of page 1, after the word "personnel's" the following: "monthly". 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 1910. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd, Dent of the 78th, Lewis of the 77th, Beckham of the 82nd and Connell of the 80th: A Bill to be entitled an Act to fix the compensation of the clerks of the superior courts in certain counties (population of not less than 145,000 nor more than 165,000), and to provide for the employment and compen sation of personnel within such clerks' offices; and for other purposes. The following Committee amendment was read- and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1910 as follows: 1864 JOURNAL OF THE HOUSE, By adding in line 15 of page 1, after the word "personnel's", the follows: "monthly". 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 1912. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd, Dent of the 78th, Lewis of the 77th, Beckham of the 82nd and Connell of the 80th: A Bill to be entitled an Act to fix the compensation of the tax commis sioners in certain counties (population of not less than 145,000 nor more than 165,000), and to provide for the employment and compensation of personnel within such tax commissioners' offices; and for other purposes. The following Committee amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1912 as follows: By adding in line 15 of page 1, after the word "personnel's" the following: "monthly". 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. WEDNESDAY, FEBRUARY 13, 1974 1865 HB 1920. By Mr. Irvin of the 10th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the 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. HB 1921. By Mr. Irvin of the 10th: A Bill to be entitled an Act to amend an Act incorporating the Town of Martin, so as to change the provisions relative to the election of the members of the governing body of said Town; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1922. By Mr. Phillips of the 103rd: A Bill to be entitled an Act to amend an Act placing the Sheriff of Montgomery County upon an annual salary, so as to change the provisions relative to the compensation of the sheriff's secretary; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1866 JOURNAL OF THE HOUSE, HB 1924. By Messrs. Berlin, Pinkston, Coney, Evans, Dickey and Brown of the 89th: A Bill to be entitled an Act to amend an Act entitled "An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts consti tuting the charter of the City of Macon and relating to the rights, powers and duties of said 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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, as amended, so as to authorize participation by certain officers and employees of Fulton County; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To be entitled an Act to amend 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, approved March 3,1939 (Ga. Laws 1939, p. 571), as amended, particular ly by an Act approved March 28, 1969 (Ga. Laws 1969, p. 2408), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2309) and an Act approved March 31, 1972 (Ga. Laws 1972, p. 3270), so as to authorize participation by certain officers and employees of Fulton County; to change the rate of interest on installment payments for prior service credit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. An Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment WEDNESDAY, FEBRUARY 13, 1974 1867 of pensions to county employees of said county, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, particularly by an Act ap proved March 28, 1969 (Ga. Laws 1969, p. 2408), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2309) and an Act approved March 31, 1972 (Ga. Laws 1972, p. 3270), is hereby amended by striking Sec tion 3 of said amendatory Act of 1969, as the same has been amended, and inserting in lieu thereof a new Section 3, to read as follows: "Section 3. Any officer or employee coming under the terms of this Act who is in the employment of Fulton County immediately prior to the effective date of this amendment, may elect to come under the provisions of this amendment by making written applica tion to the Pension Board by December 31, 1974. All officers and employees who shall be elected or employed after the effective date of this Act shall be required to come under the provisions of this Act, as now amended. All pensions payable under this Act as hereby amended shall be subject to the ceiling or limitation that same shall not exceed three-quarters (3/4) of the average monthly salary of such of ficer or employee during the highest thirty-six (36) months of service, notwithstanding the fact that the years of service and the salary of the officer or employee might, except for this limitation, entitle such officer or employee to a higher pension." Section 2. Said Act is further amended by striking from Section 1 of said amendatory Act of 1971, approved March 30, 1971 (Ga. Laws 1971, p. 2309), the following: "prior to January 10, 1971,", in its entirety. Section 3. Said amendatory Act of 1971 is further amended by striking from Section 1 the date "June 30, 1971" and inserting in lieu thereof the date "December 31, 1974". Section 4. Said amendatory Act of 1971 is further amended by striking from the second paragraph of Section 1 the following: "He shall have been an employee of Fulton County for five years prior to being eligible for such credit. When such employee has served five years with Fulton County he shall immediately receive five years' credit, and for each successive year thereafter he shall receive another year's credit, not to exceed ten years.", in its entirety. Section 5. Said amendatory Act of 1971 is further amended by striking subsection 4 of Section 2 in its entirety and inserting in lieu thereof a new subsection 4 of Section 2, to read as follows: 1868 JOURNAL OF THE HOUSE, "4. Such officer or employee shall pay into the Pension Fund created by this Act, as amended, an amount which he would have paid into such fund had he been an employee of Fulton County during such time, plus matching funds, plus 6% interest on the total amount. The payments may be divided into thirty-six (36) equal installments bearing interest at 6% and the amount thereof deducted from any compensation due such person." 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. 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 1372. By Mr. Oxford of the 101st: A Bill to amend Code Title 92, relating to public revenue, so as to pro vide for refunds of taxes and license fees which have been erroneously or illegally assessed and collected by counties and municipalities or over-paid by taxpayers, whether paid voluntarily or involuntarily. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit: SB 444. By Senator Johnson of the 38th: A Bill to define and regulate the profession of court reporting; to re quire a certificate of proficiency for each court reporter practicing in the State of Georgia; to create a State Board of court reporting and define its powers. WEDNESDAY, FEBRUARY 13, 1974 1869 SB 520. By Senator Coverdell of the 40th: A Bill to provide requirements relative to local retirement, pension and emeritus systems; to provide for definitions; to provide for certain reports to the State Auditor. SB 610. By Senator Herndon of the 10th: A Bill to provide that a specific devise of realty shall pass subject to any security deed or lien existing against the said property at the date of death of the testator, without right of exoneration. SB 611. By Senator Herndon of the 10th: A Bill to amend Code Section 88-508.2 of the Georgia Health Code, relating to payment of members of the examining committee and the attorney appointed to represent the patient, as amended, particularly by an Act approved April 21, 1969. HB 1369. By Mr. Bray of the 66th: A Bill to amend an Act establishing the Employees' Retirement System, so as to allow employees of the State of Georgia who were formerly em ployees of the Georgia Warm Springs Foundation to purchase credit for previous employment service credited under the Employees' Retire ment System of Georgia. SB 594. By Senators Brown of the 47th and Zipperer of the 3rd: A Bill to amend Code Section 95A-961, relating to the issuance of per mits allowing motor vehicles to exceed the weight, width, length or height limitations imposed by law, so as to provide that such permits may be issued for motor vehicles which are transporting loads which can be dismantled. The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit: HR 483-1394. By Messrs. Walker of the 100th and Grahl of the 88th: A Bill authorizing the conveyance of certain real estate located in the City of Montezuma in Macon County. HR 439-1245. By Messrs. Lane of the 40th and Adams of the 36th and Toles of the 16th: A Resolution proposing an amendment to the Constitution so as to ex- 1870 JOURNAL OF THE HOUSE, elude retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000. The Senate has adopted as Amended by the requisite constitutional majority the following Resolution of the House, to-wit: HR 25&-98S. By Mr. Connell of the 80th and others: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of $250,000 to the first person, firm or corporation which establishes a plant for the commercial production of aluminum ore from kaolin and produces a minimum of 300,000 tons annually. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House, to-wit: SB 599. By Senator Rowan of the 8th: A Bill to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for the issuance, reissuance, or renewal of any driver's license. HB 1287. By Mr. Harris of the 51st: A Bill to provide authorization in certain instances for destruction of notes taken by court reporters; to provide for a petition to the trial court authorizing such destruction. HB 1391. By Mr. Burruss of the 21st: A Bill to amend an Act regulating employment of children, so as to provide that certain minors can work in wholesale and retail stores. HB 1418. By Mr. Greer of the 43rd: A Bill to amend Code Section 88-1816, relating to the payment of general obligations of hospital authorities, so as to authorize hospital authorities to issue obligations, other than revenue obligation certificates, having a term in excess of one year. The Senate has adopted the Conference Committee Report on the following Bill of the House, to-wit: WEDNESDAY, FEBRUARY 13, 1974 1871 HB 166. By Messrs. Pinkston and Evans of the 89th: A Bill to provide that the board of trustees or directors of any two or more retirement systems, by mutual consent, may pool their trust funds for investment purposes. Mr. Levitas of the 50th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: HB 1684. By Messrs. Levitas of the 50th and Greer of the 43rd: A Bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for resolution of labor disputes, prohibit strikes; 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. Atherton Beckham Bennett Berlin Bostick Bray Brown, C. Brown, S. P. Buck Burruss Burton Carlisle Carr Carrell Castleberry Collins, M. Collins, S. Colwell Coney Connell Dent Dickey Dorminy Duke Egan Elliott Ellis Evans Ezzard Farrar Geisinger Gignilliat Greer Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hill, G. Horton, W. L. Howard Howell Hutchinson Irvin, R. Jessup Jordan Keyton Knight Larsen, G. K. Levitas Lewis Marcus Matthews, D. R. Mauldin McDaniell McDonald Milford Morgan Mulherin Mullinax Nix Noble Patten, G. C. Phillips, L. L. Pinkston Rainey Ritchie Roach Russell, J. Russell, W. B. Sams Smith, V. B. Thomason Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, J. A. Whitmire Wood 1872 JOURNAL OF THE HOUSE, Those voting in the negative were Messrs. Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Berry Blackshear Bohannon Brantley, H. H. Clark Coleman Davis, E. T. Dean, J. E. Dollar Floyd, L. R. Harden Hudson Johnson Karrh Lane, Dick Lane, W. J. Moyer Northcutt Odom Oxford Patterson Pearce Peters Petro Rogers Ross Savage Shanahan Smith, J. R. Stephens Strickland Thompson Tucker Williams Willis Those not voting were Messrs. : Alaxender, W. H. Alien Bailey Bond Brantley, H. L. Brown, B. D. Busbee Chance Cole Daugherty Davis, W. Dean, Gib Dean, N. Dixon Edwards Floyd, J. H. Foster Fraser Grahl Grantham Groover Hamilton Hawes Hays Hill, B. L. Horton, G. T. Irvin, J. Irwin Jones King Kreeger Lambert Larsen, W. W. Lee Logan Lowrey Mason Matthews, C. McCracken McKinney Miles Nessmith Patten, R. L. Phillips, G. S. Reaves Rush Shepherd Snow Sweat Toles Townsend Triplett Turner Wall Wheeler, Bobby Wilson, J. M. Wilson, M. L. Mr. Speaker On the motion, the ayes were 83, nays 39. The motion prevailed and HB 1684 was reconsidered. Mr. Atherton of the 19th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: SB 187. By Senators Henderson of the 33rd and Moore of the 56th: A Bill to be entitled an Act to amend an Act creating the State Court WEDNESDAY, FEBRUARY 13, 1974 1873 of Cobb County, as amended, so as to create an office of magistrate; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. The motion prevailed and SB 187 was reconsidered. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1535. By Messrs. Phillips of the 103rd, Dorminy of the 115th, Russell of the 62nd and others: A Bill to be entitled an Act to amend an Act creating the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commis sion to enter upon forestlands for the purpose of determining if an in festation or infection exists in the trees; and for other purposes. The following Committee amendment was read and adopted: The Committee on Natural Resources moves to amend House Bill No. 1535 as follows: Amend by striking lines 23-27 (inclusive) and substituting: "If an infestation or infection is found to exist by the Commis sion, it shall notify the landowner of such condition and recom mend a course of action by the landowner to prevent the spreading of the infestation or disease. If the landowner, within a reasonable period of time following such notification, fails to take action to prevent the spreading of the infestation or disease, then the Com mission may:" Add new Section 2 as follows: "Section 2. Any proceeds derived from any sale of such trees shall be paid to the landowner." Renumber present "Section" as "Section 3." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: 1874 JOURNAL OF THE HOUSE, Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham 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 Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ezzard Ployd, J. H. Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, G. Horton, G. T. Howard Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Jones Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Lewis Lowrey Marcus Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, W. B. Sams Savage Shanahan Shepherd Smith, V. B. Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood WEDNESDAY, FEBRUARY 13, 1974 1875 Those not voting were Messrs.: Brantley, H. L. Castleberry Coney Daugherty Dean, Gib Dean, N. Dollar Ellis Evans Farrar Gignilliat Hamilton Hawes Hill, B. L. Horton, W. L. Howell Irvin, R. Lambert Levitas Logan Mason Matthews, C. McDonald Phillips, G. S. Russell, J. Smith, J. R. Snow Townsend Mr. Speaker On the passage of the Bill, as amended, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1627. By Mr. Buck of the 87th: A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide that the knowing conversion of funds deducted and withheld pursuant to said Act with the intention to deprive the State of said funds shall be a felony; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as fol lows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berlin Berry Blackshear Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Chance Clark Cole Coleman Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, J. E. Dent Dixon Dorminy 1876 Duke Edwards Egan Elliott Evans Ezzard Floyd, L. R. Geisinger Grahl Groover Harden Harrington Harrison Hatcher Hays Hill, G. Howard Howell Hutchinson Jessup Johnson Jordan King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. JOURNAL OF THE HOUSE, Lee Lewis Lowrey Marcus Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Oxford Patten, G. C. Patterson Pearce Peters Petro Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Smith, J. R. 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. Wilson, M. L. Wood Those voting in the negative were Messrs.: Bohannon Foster Harris, J. R. Hudson Irvin, J. Irwin Levitas Morgan Those not voting were Messrs.: Atherton Bond Brantley, H. L. Brown, B. D. Burruss Carrell Castleberry Collins, M. Coney Daugherty Dean, Gib Dean, N. Dickey Dollar Ellis Farrar Floyd, J. H. Fraser Gignilliat Grantham Greer Hamilton Harris, J. F. Hawes Hill, B. L. Horton, G. T. Horton, W. L. Irvin, R. Jones Karrh Keyton Lambert Logan Mason Matthews, C. McDonald Noble Northcutt Odom WEDNESDAY, FEBRUARY 13, 1974 1877 Patten, R. L. Phillips, G. S. Phillips, L. L. Russell, W. B. Shepherd Smith, V. B. Snow Townsend Wamble Mr. Speaker On the passage of the Bill, the ayes were 123, nays 8. The Bill, having received the requisite constitutional majority, was passed. HB 1628. By Mr. Buck of the 87th: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the knowing conversion of funds collected from another pursuant to said Act with the intention to deprive the State of such funds shall be a felony; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Blackshear Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, S. Connell Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ezzard Farrar Floyd, J. H. Floyd, J. R. Fraser Geisinger Grantham Greer Harden Harrington Harris, J. F. Harrison Hatcher Hawes Hill, G. Horton, W. L. Howard Hutchinson Irvin, J. Jessup Jones Jordan Karrh King 1878 Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lewis Lowrey Marcus Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith JOURNAL OF THE HOUSE, Nix Oxford Patten, G. C. Pearce Phillips, L. L. Pinkston Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Smith, J. R. Smith, V. B. Stephens Strickland Sweat Thomason 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. Bohannon Colwell Foster Harris, J. R. Hudson Irwin Johnson Lee McCracken Patterson Thompson Twiggs Those not voting were Messrs.: Bennett Bond Brantley, H. L. Brown, B. D. Burruss Carrell Collins, M. Coney Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dollar Ellis Evans Gignilliat Grahl Groover Hamilton Hays Hill, B. L. Horton, G. T. Howell Irvin, R. Keyton Lambert Le vitas Logan Mason Matthews, C. McDonald Noble Northcutt Odom Patten, R. L. Peters Petro Phillips, G. S. Rainey Reaves Russell, W. B. Shepherd Snow Townsend Mr. Speaker On the passage of the Bill, the ayes were 122, nays 12. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 13, 1974 1879 HB 1697. By Messrs. Mullinax of the 65th, Grantham of the 127th, Stephens of the 37th and others: A Bill to be entitled an Act to amend Code Title 114, relating to Work men's Compensation, so as to exclude fellow employees as third party tortfeasors; to change the minimum number of employees for coverage; to delete certain provisions exempting employees of public charities from coverage; to increase the maximum limit of compensation relative to total incapacity; and for other purposes. The report of the Committee, which was favorable to the 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. 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 Castleberry Chance Cole Collins, M. Collins, S. Colwell Connell Davis, E. T. Dent Dickey Dixon Dorminy Edwards Egan Elliott Farrar Foster Fraser Geisinger Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Johnson Jones Jordan Karrh Keyton Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Logan Lowrey Marcus Matthews, C. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson 1880 Pearce Peters Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage JOURNAL OP THE HOUSE, Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Sweat Thomason Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood Those not voting were Messrs.: Adams, Marvin Alexander, W. M. Beckham Brantley, H. L. Carrell Coleman Coney Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dollar Duke Ellis Evans Ezzard Ployd, J. H. Floyd, L. R. Gignilliat Groover Hamilton Hill, B. L. Irwin Jessup King Kreeger Larsen, W. W. Lewis Mason Matthews, D. R. Moyer Noble Petro Phillips, G. S. Phillips, L. L. Pinkston Stephens Strickland Townsend Triplett Wheeler, Bobby Wilson, M. L. Mr. Speaker On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed. Mr. Dean of the 17th stated that due to mechanical malfunction, his vote did not record on the passage of HB 1697. He intended to vote "aye". The following Bill of the House was taken up for the purpose of considering the Senate's insistence upon its position in amending the same: 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. WEDNESDAY, FEBRUARY 13, 1974 1881 The following Senate amendment was again read: The Committee on County and Urban Affairs moves to amend HB 1177 as follows: By striking from line 17 of page 1, and from lines 21 and 22 of page 1 the following: "twelve thousand ($12,000.00)" and inserting in lieu thereof the following "twelve thousand and one $(12,001.00)". The following House amendment to the Senate amendment was read adopted: Mr. Murphy of the 18th moves to amend the Senate amendment to HB 1177 as follows: By striking the following "twelve thousand and one ($12,001.00)", and inserting in lieu thereof the following: "thirteen thousand ($13,000.00)". Mr. Murphy of the 18th moved that the House recede from its position in disagreeing to the Senate amendment and that the House agree to the Senate amendment as amended by the House. On the motion, the ayes were 103, nays 0. The motion prevailed and the Senate amendment, as amended by the House, was agreed to. The following Bill of the House was taken up for the purpose of considering the Senate's insistence upon its position in amending the same: 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. The following Senate amendment was again read: The Committee on County and Urban Affairs moves to amend HB 1178 as follows: By striking from line 23 of page 1 and from line 3 of page 2 the following: "six thousand ($6,000.00) dollars", and inserting in lieu thereof the following: "six thousand and one ($6,001.00) dollars". 1882 JOURNAL OF THE HOUSE, Mr. Murphy of the 18th moved that the House insist upon its position in disagreeing to the Senate amendment. The motion prevailed and the House insisted upon its position. Mr. McKinney of the 35th arose to a point of personal privilege and addressed the House. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1300. By Mr. Adams of the 14th: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the provisions relative to credit for prior service in connection with longevity increases in compensation; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Connell Dent Dickey Dixon Dorminy Edwards Elliott Farrar Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Hatcher Hawes Hays WEDNESDAY, FEBRUARY 13, 1974 1883 Horton, G. T. Hudson Irvin, J. Irvin, R. Irwin Jones Karrh King Knight Kreeger Lambert Lane, Dick Lane, W. J. Lee Levitas Lewis Logan Lowrey Marcus Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Shanahan Shepherd Smith, J. R. Snow Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Vaughn Waddle Walker Wamble Ware Wheeler, Bobby Wheeler, J. A. Williams Willis Wilson, J. M. Wilson, M. L. Those voting in the negative were Messrs. Egan Horton, W. L. Larsen, G. K. Wall Those not voting were Messrs.: Adams, Marvin Bond Brantley, H. L. Bray Brown, B. D. Colwell Coney Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dollar Duke Ellis Evans Ezzard Floyd, J. H. Gignilliat Groover Hamilton Harrison Hill, B. L. Hill, G. Howard Howell Hutchinson Jessup Johnson Jordan Keyton Larsen, W. W. Mason Matthews, D. R. McCracken Moyer Noble Petro Phillips, G. S. Russell, W. B. Savage Smith, V. B. Stephens Townsend Twiggs Whitmire Wood Mr. Speaker On the passage of the Bill, the ayes were 127, nays 4. 1884 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1705. By Messrs. Triplett of the lllth, Wamble of the 120th and Groover of the 75th: A Bill to be entitled an Act to amend an Act known as the "Fiduciary Investment Company Act", so as to permit fiduciary investment com panies to invest in real estate in an amount not to exceed 50% of their total assets taken at market value; and for other purposes. The report of the Committee, which was favorable to the 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. Atherton Bailey Berry Bohannon Brantley, H. H. Bray Brown, C. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Cole Coleman 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 Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Horton, G. T. Horton, W. L. Hutchinson Irvin, J. Irwin Jessup Karrh King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix WEDNESDAY, FEBRUARY 13, 1974 1885 ' Noble Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Rush Russell, J. Russell, W. B. Sams Savage Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thomason Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Adams, Marvin Alien Beckham Bennett Berlin Blackshear Bond Bostick Brantley, H. L. Brown, B. D. Brown, S. P. Burton Clark Collins, M. Dean, Gib Ezzard Farrar Floyd, J. H. Grantham Hill, B. L. Hill, G. Howard Howell Hudson Irvin, R. Johnson Jones Jordan Keyton Marcus Mason McKinney Patten, G. C. Petro Reaves Ross Shanahan Smith, V. B. Townsend Triplett Mr. Speaker On the passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1801. By Messrs. Elliott of the 49th, Moyer of the 99th, Egan of the 25th and others: 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 drivers, and certain other persons, of motor vehicles involved in traffic accidents on the expressway system of certain standard metropolitan statistical areas shall be required to move such motor vehicles so as not to obstruct traffic under certain conditions; and for other purposes. The following amendment was read and adopted: 1886 JOURNAL OF THE HOUSE, Mr. Elliott of the 49th moves to amend HB 1801 as follows: By striking from page 1, lines 24, 25 and through the comma on line 26. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Berlin Berry Bohannon Brantley, H. H. Bray Brown, C. Buck Burruss Burton Busbee Carlisle Carr Castleberry Chance Coiling, M. Collins, S. Colwell Connell Daugherty Davis, E. T. Davis, W. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Farrar Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham Greer Hamilton Harden Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Karrh Keyton King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Lewis Logan Lowrey Matthews, C. Matthews, D. R. McCracken McDaniell McDonald McKinney Miles Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Rogers Russell, J. Russell, W. B. Savage Smith, J. R. WEDNESDAY, FEBRUARY 13, 1974 1887 Smith, V. B. Snow Strickland Sweat Thomason Thompson Toles Triplett Tucker 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. Mauldin Ross Stephens Those not voting were Messrs.: Adams, John Bennett Blackshear Bond Bostick Brantley, H. L. Brown, B. D. Brown, S. P. Carrell Clark Cole Coleman Coney Dean, Gib Dean, J. E. Dean, N. Evans Ezzard Floyd, J. H. Foster Groover Harrington Hill, B. L. Horton, G. T. Howell Jones Jordan Larsen, W. W. Levitas Marcus Mason Milford Noble Pinkston Roach Rush Sams Shanahan Shepherd Townsend Wamble Wheeler, Bobby Mr. Speaker On the passage of the Bill, as amended, the ayes were 134, nays 3. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1687. By Messrs. Burruss of the 21st, Busbee of the 114th, Dean of the 17th and others: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the minimum salaries of school bus drivers; and for other purposes. The following amendment was read and adopted: 1888 JOURNAL OF THE HOUSE, Mr. Farrar of the 52nd moves to amend HB 1687 as follows: By inserting in the title immediately preceding the phrase, "to re peal conflicting laws;" the following: "to provide that this Act shall become effective when funds are appropriated therefor;". By renumbering Section 2 as Section 3 and by adding a new Section 2 to read as follows: "Section 2. This Act shall not become effective until funds are appropriated therefor by the General Assembly." 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. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Egan Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R., Harrison Hatcher 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 Karrh Keyton King Knight Kreeger Lambert Lane, Dick WEDNESDAY, FEBRUARY 13, 1974 1889 Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Brantley, H. L. Carrell Daugherty Dean, Gib Dean, J. E. Dickey Elliott Ezzard Hamilton Hill, B. L. Mason Noble Wall Wamble Mr. Speaker On the passage of the Bill, as amended, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. The following Resolution of the House was read and adopted: HR 676. By Messrs. Wood, Williams and Whitmire of the 9th: A RESOLUTION Commending and inviting Roger Henry Brown, Jr.; and for other purposes. 1890 JOURNAL OF THE HOUSE, WHEREAS, Roger Henry Brown, Jr., is an outstanding young man from Gainesville; and WHEREAS, he was selected International President of Key Club in July 1973, after having served as Lieutenant Governor of the 10th Division of Georgia, a trustee of Key Club International, and editor of the Georgia Key Club publication, the "Key Ring"; and WHEREAS, he has been selected to Who's Who Among American High School Students and is a National Merit Scholarship Semi-finalist; and WHEREAS, he is news editor of the high school newspaper, the "Trumpeter", a member of the Science Club, Beta Club, Spanish Club, and the Debate Team; and WHEREAS, he has received numerous honors during his school career which include the following: Scholars Bowl Team member, Presbyterian College Jr. Academic Achievement Award, University of Georgia Certificate of Merit, Governor's Honors Program Semi-finalist, and selection to the Society of Outstanding American High School Students; and WHEREAS, he has been active in the Boy Scouts of America and is an Eagle Scout and a member of the Order of the Arrow; and WHEREAS, he has been active in school plays and player in "Oliver", "Babes in Toyland" and the lead role in "Christmas Carol", and WHEREAS, he has been active in athletics, having received the football scholastic trophy, a varsity wrestling letter, football letters and having participated on the swimming team and played minor league, major league and senior league baseball; and WHEREAS, he is active in his church as a youth member of the Vestry of Grace Episcopal Church; and WHEREAS, it is only fitting and proper that he be commended and congratulated for his outstanding achievements. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend and congratulate Roger Henry Brown, Jr. and invite him to ap pear in the House Chamber so that he may be appropriately recognized. 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 Roger Henry Brown, Jr., and his parents. The Speaker Pro Tempore assumed the Chair. WEDNESDAY, FEBRUARY 13, 1974 1891 The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 78. By Messrs. Coney of the 89th, Levitas of the 50th and Greer of the 43rd: A Bill to be entitled an Act to provide for no-fault motor vehicle in surance; and for other purposes. The following report of the Committee of Conference was read: Mr. President Mr. Speaker: Your Conference Committee on HB 78 has met and recommends that both the Senate and House of Representatives recede from their re spective positions, and that the attached Conference Committee Sub stitute to HB 78 be adopted. FOR THE SENATE Is/ Paul C. Broun Senator, 46th District Is/ George N. Skene Senator, 27th District Is/ Edward H. Zipperer Senator, 3rd District Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES Is/ J. Roy McCracken Representative, 77th District Is/ M. Lamar Wilson Representative, 94th District CONFERENCE COMMITTEE MINORITY REPORT ON HB 78 Mr. President Mr. Speaker: The undersigned member of the Conference Committee on HB 78 feels that the Conference Committee Substitute to HB 78 should be amended to include mandatory property damage coverage and should be amended to include a threshold below which suits arising out of motor vehicle collisions should not be allowed. Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES Is/ JohnW. Greer Representative, 43rd District 1892 JOURNAL OF THE HOUSE, A BILL To be entitled an Act to be entitled the "Georgia Motor Vehicle Accident Reparations Act"; to provide for a short title; to provide for minimum insurance coverage; to provide that no owner of a motor vehicle required to be registered in this State or any other person, other than a self-insurer, shall operate or authorize any other person to operate such motor vehicle unless the owner has insurance on such vehicle providing certain minimum coverage; to provide for optional coverages; to require each insurer to make certain optional coverages available; to require that all policies of motor vehicle liability insurance issued in this State must be in accordance with the requirements of the Act and must contain at least the minimum coverages required by the Act; to provide for required statements in insurance policies; to provide for self-insurance and self-insurer s; to provide for subrogation; to provide for suits and binding inter-company arbitration; to provide for expenses incurred in exercising the rights of subrogation; to provide for definitions; to provide for the periodic payment of benefits; to provide that certain insurers of motor vehicles shall pay basic no-fault benefits without regard to fault for certain economic loss; to provide for the correlation of benefits; to provide that certain benefits shall be excesses over any benefits required by this Act; to provide for a threshold; to provide that certain persons eligible for benefits without regard to fault shall be precluded from pleading or recovering in certain actions for damages those damages for which certain compensation is available without regard to fault; to provide for the mandatory reduc tion of certain insurance rates and the practices and procedures con nected therewith; to provide for the increase of such rates and the practices and procedures connected therewith; to provide for notices; to provide for hearings; to provide for orders; to provide for appeals; to provide for endorsements; to provide for proof of insurance; to pro vide that certain motor vehicles shall not be licensed until the owner has furnished satisfactory proof that the minimum insurance coverage required by this Act or an approved self-insurance plan is in effect; to provide for notification of the Department of Public Safety of the cancellation of certain insurance policies; to provide for rules and regu lations; to provide for penalties; to provide for severability; to provide for effective dates of the Act; 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. Short title. This Act shall be known and may be cited as the "Georgia Motor Vehicle Accident Reparations Act". Section 2. Minimum insurance coverage. No owner of a motor vehicle required to be registered in this State or any other person, other than a self-insurer as defined in this Act, shall operate or authorize any other person to operate such motor vehicle unless the owner has insurance on such vesicle providing the following minimum coverage: (a) 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; WEDNESDAY, FEBRUARY 13, 1974 1893 (b) Compensation to insured injured persons, without regard to fault, up to an aggregate minimum limit of ten thousand ($10,000) dol lars per insured injured person for: (1) all necessary medical expenses not to exceed five thousand ($5,000) dollars arising from a motor vehicle accident including necessary medicine, drugs, surgical, dental, X-ray and rehabilitative services, including prosthetic devices, and necessary ambulance, hospital, nursing services, all as prescribed or authorized by the attending physician; and (2) eighty-five (85%) percent of the loss of income or earnings during disability up to two hunderd ($200) dollars per week; and (3) expenses reasonably incurred during a period of disability, not to exceed twenty ($20.00) dollars per day, in obtaining ordinary and necessary services from others, excluding members of the injured's household, in lieu of services that, had he or she not been injured, the injured person would have performed, not for income but for the benefit of his or her household; and (4) payment for funeral services not to exceed fifteen hundred ($1,500.00) dollars per person. In the event of the death of the injured person, survived by a spouse or dependent minor child or children, compensation under paragraphs 2 (b) (2) and 2 (b) (3') above shall be payable after such death as though the deceased were alive but totally disabled, such payment to be made to the spouse, if alive, otherwise to the person hav ing legal custody of such child or children, for use of such spouse or children as though awarded a year's support for the spouse or children, or both. The total benefits required to be paid under this Section without regard to fault as the result of any one accident shall not exceed the sum of ten thousand ($10,000.00) dollars per each individual covered as an insured person or such greater amount of coverage as has been purchased on an optional basis as provided elsewhere in this Act, regard less of the number of insurers providing such benefits or of the number of policies providing such coverage. Section 3. Optional coverage, (a) Each insurer shall also make available on an optional basis the following coverage: (1) an aggregate limit of benefits payable without regard to fault of up to fifty thousand ($50,000) dollars per person which may be rejected, or reduced to not less than an aggregate limit of benefits payable without regard to fault of ten thousand ($10,000) dollars per person, by written consent of the policyholder with benefits purchased in excess of ten thousand ($10,000) dollars to be apportioned without limitation to cover any expenses enumerated in Section 2(b); and M94 JOURNAL OF THE HOUSE, (2) compensation for damage to the insured motor vehicle, without regard to fault, including loss of use of the motor vehicle, not to exceed the actual cash value of the vehicle at the time of the loss, and up to ten ($10.00) dollars per day with a maximum of three hundred ($300.00) dollars for the loss of use of such motor vehicle; provided that benefits payable under this Section may be subject to deductibles at the written election of the policyholder. (b) Each application for a policy of motor vehicle liability insur ance sold in this State must contain separate spaces for the insured to indicate his acceptance or rejection of each of the optional coverages listed in subsection (a) above and no such policy shall be issued in this State unless these spaces are completed and signed by the prospec tive insured. Section 4. Insurers; policy requirements; subrogation, (a) All policies of motor vehicle liability insurance issued in this State must be in accordance with the requirements of this Act and no insurer shall issue a policy of motor vehicle liability insurance in this State that does not contain at least the minimum coverages required under this Act. (b) Nothing in Sections 2 and 3 shall be construed to prohibit the issuance of polices providing coverage more extensive than the minimum coverage required by those Sections. (c) Policies purporting to satisfy the requirements of Sections 2 and 3 shall contain a provision which states that, notwithstanding any of the other terms and conditions of the policy, the coverage afforded shall be at least as extensive as the minimum coverage required. (d) Insurers and self-insurers providing benefits without regard to fault described in Section 2 and 3 shall be subrogated to the rights, including claims under any workmen's compensation law, of the person for whom benefits are provided, to the extent of the benefits provided. The right of recovery and the amount thereof shall be determined on the basis of tort law by agreement between the insurers involved, or if they fail to agree, by binding inter-company arbitration under pro cedures approved by the Insurance Commissioner. Expenses incurred in exercising the rights of subrogration hereunder shall be at the sole expense of the insurers and self-insurers involved. If the responsible tortfeasor is uninsured or is not a self-insurer, the insurer or self-insurer providing benefits shall have a right of action against such tortfeasor. Section 5. Definitions--as used in this Act. (a) "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. (b) The term "insured" shall include, in addition to the insured named in the policy, his spouse and children if residing in the same household, the relatives of either if residents of the named insured's household, any pedestrian struck by the insured vehicle and any other WEDNESDAY, FEBRUARY 13, 1974 1895 person using or occupying the insured vehicle with the express or implied permission of the named insured or his spouse. The term "in sured" shall also include the named insured, spouse and any resident relative while a pedestrian or while entering into, occupying or alighting from or when struck by a motor vehicle when such motor vehicle is not similarly insured as required by Section 2(b). (c) The term "motor vehicle accident" includes any occurrence arising from the operation, maintenance or use of a motor vehicle, in cluding the loading and unloading thereof, resulting in the accidental injury to or death of an insured. (d) The term "disability" means any period of time during which an insured is unable to perform substantially all the duties required by his usual occupation, provided the disability commences within twelve months from the date on which the motor vehicle accident occurred. (e) "Owner" means the natural person, corporation, firm, partner ship, cooperative, association, group, trust, estate, organization, or other entity 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 natural person, corporation, firm, partner ship, cooperative, association, group, trust, estate, organization, or other entity who holds the legal title thereto, or in the event the motor vehicle is subject to a security agreement or lease with an option to purchase with the debtor or the lessee having the right to possession, "owner" means the debtor or the lessee. (f) "Self-insurer" means any "owner" who has on file with the Commissioner of Public Safety an approved plan of self-insurance which provides for coverages, benefits, and efficient claims handling procedures substantially equivalent to those afforded by a policy of automobile liability insurance that complies with all of the requirements of this Act. (g) "Pedestrian" means any person not occupying a motor vehicle or a motorcycle or any other motor driven vehicle designed primarily for operation upon the public streets, roads and highways or not in or upon a vehicle operated on stationary rails or tracks or aircraft. Section 6. Benefits; periodic payment, (a) Payment of benefits required by this Act must be made periodically on a monthly basis as expenses are incurred, or in the case of total disability as disability continues. (b) Benefits required to be paid without regard to fault shall be payable monthly as loss accrues. Such benefits are overdue if not paid within thirty (30) days after the insurer receives reasonable proof of the fact and the amount of loss sustained. If reasonable proof is not supplied as to the entire claim, the amount supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is received by the insurer. Any part or all of the remainder of the claim that is later supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is received by the insurer. For 1896 JOURNAL OF THE HOUSE, the purpose of calculating the extent to which any benefits are overdue, payment shall be treated as made on the date draft or other valid in strument was placed in the United States mail to the last known address in a properly addressed, postpaid envelope, or, if not so posted, on the date of delivery. Basic no-fault payments may be paid by the insurer directly to persons supplying necessary products, services, or accommodations to the claimant. In the event the company fails to pay each benefit when due, the person entitled to such benefits may bring an action to recover them, and the company must show that its failure or refusal to pay was in good faith, otherwise the company shall be liable for a penalty not exceeding twenty-five (25%) percent of the amount due and reasonable attorney's fees. Section 7. Persons entitled to benefits. The insurer of a motor vehicle with respect to which security is required by Section 2 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 insured and spouse and children if residing in the insured's household and the rela tives of either if residents of the insured's household while occupying any motor vehicle, or while a pedestrian as the result of being struck by a motor vehicle; (b) accidental bodily injury sustained by any other person while occupying the owner's motor vehicle if the accident occurs within the United States of America, its territories or possessions, or Canada and (c) accidental bodily injury sustained by any other person as a result of being struck by the owner's motor vehicle while a pedestrian in this State. Section 8. Correlation of benefits, (a) The benefits payable under this Act shall be reduced or eliminated to the extent that the injured person is entitled to receive workmen's compensation benefits under the laws of this State or of the United States. (b) Medical payment benefits and uninsured motorists benefits payable under coverages in motor vehicle insurance policies shall be excess over any benefits required by this Act and available in such policies. Section 9. Threshold. Any person eligible for benefits without regard to fault described in Sections 2 and 3 of this Act is precluded from pleading or recovering in any action for damages against a tortfeaser those damages for which compensation is available without regard to fault under Sections 2 or 3 of this Act; provided, however, that nothing contained in this Section shall preclude the introduction into evidence of any evidence otherwise admissible in a judicial proceed ing for the purpose of proving the extent of the injury or injuries sustained by such person. Section 10. Mandatory reduction of insurance rates. Notwithstand- WEDNESDAY, FEBRUARY 13, 1974 1897 ing any other provision of law, all insurers issuing insurance coverage under this Act shall comply with the following provisions: (a) Within sixty (60) days after the effective date of this Act, each insurer shall file its proposed forms, manuals, rules, rates and rating plans with the Insurance Commissioner for such approval as is required by law. Rates for required coverage under this Act, with the exception of property damage liability required by Section 2(a), shall not exceed the rates for required financial responsibility coverage for bodily injury coverage reduced by each insurer by not less than fifteen (15%) percent, calculated as a percentage of the required financial responsibility rate for bodily injury coverage of such insurer in effect on October 1, 1973. Rates for medical payments coverage and uninsured motorists coverage shall not exceed each insurer's effective rate on file with the Insurance Commissioner as of October 1, 1973, reduced by not less than fifty (50%) percent. These rates shall remain in effect until March 1, 1976, and there shall be no exception to the requirements of this provision, unless the Insurance Commissioner shall find, after hear ing 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: (1) do not properly reflect the insurer's loss experience in Geor gia to the extent that its earned premiums would not equal its in curred losses and expenses; or (2) jeopardize the solvency of the insurer required to use such rates. Such insurer shall have the burden of showing that the use of the required rate will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in Georgia or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available ex perience on such lines of business shows a net underwriting gain unless, on the basis of statistical data and pertinent judgment and trend factors, no other reasonable conclusion would be appropriate. Upon conclusion of any hearing held pursuant to this Act, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a decision relieving an insurer from full compliance with this Section. The provisions of Code Chapter 56-2, as amended, shall apply to hearings held under this Act. (b) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Act. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of eight (8%) percent per annum. 1898 JOURNAL OF THE HOUSE, (c) Any motor vehicle liability policies in force on March 1, 1975, and thereafter, shall reflect by endorsement any reduction in rates for all motor vehicle coverage as filed by the insurer and such reduc tion 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. (d) During the two years following the effective date of this Act no insurer shall make underwriting profits on liability or medical pay ments coverage on insurance written in this State in excess of the average underwriting profits made by such insurer on such lines of insurance during the years 1969 through 1973. Section 11. Proof of insurance. From and after January 1, 1975, no motor vehicle shall be licensed by the State of Georgia until the owner has furnished satisfactory proof to the licensing authorities in accordance with rules and regulations promulgated by the Commissioner of Public Safety that there is in effect the minimum insurance coverage required by this Act, or any approved self-insurance plan. The insurer, within five (5) days after the effective date of a cancellation of such coverage, shall notify the Department of Public Safety in writing of the cancellation. Section 12. 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 Public Safety shall adopt rules and regulations necessary for the implementation of this Act with respect to the main taining of the security required herein. Section 13. Penalties. An owner or any other person who know ingly operates, or knowingly authorizes another to operate, a motor vehicle without effective insurance thereon or without an approved plan of self-insurance as required by this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Section 14. Severability. If any provision of this Act or the ap plication thereof to any person or circumstance is held unconstitutional, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby and it shall be conclusively presumed that the General Assembly would have enacted the remainder of this Act without such invalid or unconstitutional pro vision. Section 15. Effective dates of this Act. Sections 10, 11, 12 and 13 of this Act shall become effective on October 1, 1974. All other pro visions of this Act shall become effective on March 1, 1975, and shall not apply to accidents or injuries occurring before said date. Section 16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. WEDNESDAY, FEBRUARY 13, 1974 1899 Mr. McCracken of the 77th moved that the report of the Committee of Conference on HB 78 be adopted. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Alexander, W. H. Berlin Bohannon Carr Carrell Castleberry Collins, S. Davis, W. Dent Duke Evans Grahl Groover Harrington Harris, J. R. Hays Horton, W. L. Howard Hutchinson Irwin, J. R. King Knight Kreeger Lambert Larsen, W. W. Lewis Mason Matthews, C. Mauldin McCracken McDonald Miles Milford Morgan Mulherin Nix Patterson Pearce Pinkston Roach Rush Sams Smith, V. B. Thompson Walker Wilson, J. M. Wilson, M. L. Those voting in the negative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bailey Beckham Berry Blackshear Bond Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Clark Cole Coleman Collins, M. Colwell Coney Connell Daugherty Davis, E. T. Dean, Gib Dean, N. Dickey Dixon Dorminy Egan Elliott Ellis Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Hamilton Harden Harris, J. F. Hatcher Hawes Hill, G. Horton, G. T. Howell Hudson Irvin, R. Johnson Jones Jordan Karrh Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Logan Lowrey Marcus Matthews, D. R. Moyer Mullinax Nessmith Noble Northcutt Oxford 1900 Patten, G. C. Patten, R. L. Peters Petro Phillips, L. L. Rainey Reaves Ritchie Rogers Ross Russell, J. Russell, W. B. JOURNAL OP THE HOUSE, Savage Shanahan Smith, J. R. Snow Stephens Strickland Thomason Toles Triplett Tucker Turner Vaughn Waddle Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wood Those not voting were Messrs.: Bennett Bostick Brantley, H. L. Brown, B. D. Burruss Chance Dean, J. E. Dollar Edwards Ezzard Harrison Hill, B. L. Irvin, J. Jessup Keyton McDaniell McKinney On the motion, the ayes were 47, nays 109. Odom Phillips, G. S. Shepherd Sweat Townsend Twiggs Wheeler, Bobby Mr. Speaker The motion was lost and the House rejected the report of the Committee of Conference on HB 78. Mr. Greer of the 43rd moved that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate and that said committee be instructed to include at least a $500.00 threshold. Mr. Floyd of the 5th offered a substitute motion that a second Committee of Conference be appointed on the part of the House to confer with a like com mittee on the part of the Senate. Mr. Greer of the 43rd asked unanimous consent that his motion be withdrawn. The consent was granted. The Floyd motion prevailed. WEDNESDAY, FEBRUARY 13, 1974 1901 The Speaker appointed as a second Committee of Conference on the part of the House on HB 78 the following members: Messrs. McCracken of the 77th, Greer of the 43rd and Dixon of the 12th. 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 491. By Senators Parker of the 31st, Langford of the 51st and Overby of the 49th: A Bill to provide that real property devoted to the commercial produc tion of food or cotton shall constitute a separate class of tangible prop erty for ad valorem tax purposes; to provide for the assessment and taxation of such property; to provide the procedures connected therewith. SB 641. By Senator Lester of the 23rd: A Bill to amend Code Section 92-5702, relating to the meaning of "fair market value", as amended, so as to provide that the tax assessors shall consider certain criteria in determining fair market value of real property. SB 643. By Senators Stephens of the 36th, Garrard of the 37th and Langford of the 51st: A Bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that certain fraudulent attempts to obtain or the actual fraudulent obtaining of refunds are unlawful; to provide a penalty. SB 626. By Senator Wasden of the 2nd: A Bill to amend Code Title 59, relating to juries, as amended, so as to provide for investigative grand juries; to provide for the supervision and termination of investigative grand juries; to provide for all procedures. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: 1902 JOURNAL OF THE HOUSE, SB 444. By Senator Johnson of the 38th: A Bill to be entitled an Act to define and regulate the profession of court reporting; to require a certificate of proficiency for each court reporter practicing in the State of Georgia; to create a State Board of Court Reporting and define its powers; and for other purposes. Referred to the Committee on Special Judiciary. SB 520. Senator Coverdell of the 40th: A Bill to be entitled an Act to provide requirements relative to local retirement, pension and emeritus systems; to provide for definitions; to provide for certain reports to the State Auditor; to provide for the designation of actuaries and for certain administrative costs; and for other purposes. Referred to the Committee on Retirement. SB 594. By Senators Brown of the 47th and Zipperer of the 3rd: A Bill to be entitled an Act to amend Code Section 95A-961, relating to the issuance of permits allowing motor vehicles to exceed the weight, width, length or height limitations imposed by law, so as to provide that such permits may be issued for motor vehicles which are trans porting loans which can be dismantled; and for other purposes. Referred to the Committee on Highways. SB 599. By Senator Rowan of the 8th: A Bill to be entitled an Act to require the Department of Public Safety to provide forms for the gift of all or part of a person's body condi tioned upon the death of the donor whenever a person applies for the issuance, reissuance, or renewal of any driver's license; and for other purposes. Referred to the Committee on Health and Ecology. SB 610. By Senator Herndon of the 10th: A Bill to be entitled an Act to provide that a specific devise of realty shall pass subject to any security deed or lien existing against the said property at the date of death of the testator, without right of exonera tion; and for other purposes. Referred to the Committee on Judiciary. SB 611. By Senator Herndon of the 10th: A Bill to be entitled an Act to amend Code Section 88-508.2 of the Geor gia Health Code, relating to payment of members of the examining WEDNESDAY, FEBRUARY 13, 1974 1903 committee and the attorney appointed to represent the patient; and for other purposes. Referred to the Committee on Health and Ecology. SB 491. By Senators Parker of the 31st, Langford of the 51st, Overby of the 49th and others: A Bill to be entitled an Act to provide that real property devoted to the commercial production of food or cotton shall constitute a separate class of tangible property for ad valorem tax purposes; to provide for the assessment and taxation of such property; and for other purposes. Referred to the Committee on Ways and Means. SB 626. By Senator Wasden of the 2nd: A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to provide for investigative grand juries; to provide for the supervision and termination of investigative grand juries; and for other purposes. Referred to the Committee on Special Judiciary. SB 641. By Senator Lester of the 23rd: A Bill to be entitled an Act to amend Code Section 92-5702, relating to the meaning of "fair market value", so as to provide that the tax assessors shall consider certain criteria in determining fair market value of real property; and for other purposes. Referred to the Committee on Ways and Means. SB 643. By Senators Stephens of the 36th, Garrard of the 37th and Langford of the 51st: A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, so as to provide that certain fraudulent attempts to obtain or the actual fraudulent obtaining of refunds are unlawful; and for other purposes. Referred to the Committee on Judiciary. The following Resolution of the House was read and adopted: HR 684. By Messrs. Busbee of the 114th and Murphy of the 18th: A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of commemorating the 100th anniversary of the Georgia Department of Agriculture; and for other purposes. 1904 JOURNAL OF THE HOUSE, WHEREAS, the Georgia Department of. Agriculture is celebrating the 100th anniversary of its creation; and WHEREAS, the Georgia Department of Agriculture is the oldest legally constituted department of the government of any State of the United States concerned primarily with farming or agricultural problems. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint session of the House of Repre sentatives and the Senate be held in the hall of the House of Representa tives at 10:15 o'clock a.m. on Thursday, February 14, 1974, for the purpose of commemorating the 100th anniversary of the Georgia De partment of Agriculture. Pursuant to HR 684, the Speaker appointed as a Committee of Escort on the part of the House, the following members thereof: Mr. Groover of the 75th, Mrs. Hamilton of the 31st, Messrs. Carlisle of the 67th, Carrell of the 71st, Irwin of the 113th, Ritchie of the llth and Patten of the 124th. By unanimous consent, HR 684 was ordered immediately transmitted to the Senate. 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 447. By Mr. Larsen of the 27th: A Bill to be entitled an Act to authorize the governing authority of each municipality to allow bridges over, and tunnels under, any highway, street, road or public way within such municipality under certain condi tions to accommodate pedestrian traffic between private premises; and for other purposes. The following Committee substitute was read and adopted: A BILL To be entitled an Act to authorize the governing authority of each municipality to allow certain persons to erect bridges over, and tunnels under, any highway, street, road or public way within such municipality under certain conditions; to permit such governing authority to charge rent for the use of such space; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 13, 1974 1905 BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. The governing authority of each municipality in the State of Georgia is hereby authorized to permit the property owners of, or others having an interest in, land or buildings abutting the high ways, streets, roads and other public ways within the municipality, to construct, erect and maintain bridges, walkways and passageways over any of the highways, streets, roads or other public ways within such municipality, and tunnels and underground passageways beneath any such highways, roads, streets and other public ways within the munici pality, to connect such abutting properties for pedestrian traffic. Such permission, whether in the form of a license, a permit or a lease or other contractual arrangement, shall be subject to such requirements (including a requirement of removal at the option of the governing au thority of the municipality) and upon such terms and conditions as the governing authority may, from time to time, determine. No such bridges, tunnels, or passageways shall interfere with the present or future requirements of the municipality for traffic, public utility or private utility purposes and no such structure proposed for erection over a road maintained by the State of Georgia shall be authorized unless first approved by the Department of Transportation, and provided that if such development necessitates the adjustment of existing utility facili ties, the lessee or permittee shall be required to reimburse the owner of such utility facilities for the reasonable cost of the adjustments re quired before an occupancy permit may be issued Each municipality is hereby authorized to charge the owner or owners of, or others having an interest in, the abutting properties or buildings connected by bridges, walkways, passageways, tunnels or underground passageways across or beneath such highways, tunnels or underground passageways across rental for the use of the space occupied by such bridges, tunnels and passageways, now in existence, or hereafter constructed under the authority herein granted, such rental to be in such amounts and to be payable at such times as the governing authority of the municipality determines is reasonably related to the value of the right granted by such permit. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Alexander, W. H. Alexander, W. M. Beckham Berry -Blackshear Bostick Brantley, H. H. 1906 Brown, C. Brown, S. P. Burton Busbee Carlisle Carrell Chance Clark Coleman Collins, S. Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dickey Dollar Edwards Egan Elliott Ellis Evans Ezzard Floyd, L. R. Fraser Geisinger Grahl Harris, J. R. Harrison Hatcher JOURNAL OF THE HOUSE, Hawes Hays Horton, G. T. Horton, W. L. Howell Hutchinson Irvin, J. Irwin Jessup Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. McDonald McKinney Miles Milford Morgan Moyer Mulherin Nessmith Noble Oxford Patten, G. C. Pearce Peters Petro Phillips, L. L. Rainey Roach Russell, J. Russell, W. B. Sams Savage Shepherd Smith, V. B. Snow Stephens Strickland Thompson Toles Triplett Vaughn Walker Wall Wamble Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Adams, John Adams, M. Bohannon Buck Castleberry Cole Colwell Dean, Gib Dorminy Foster Groover Harden Harrington Hudson Karrh Knight Mason Mauldin McDaniell Mullinax Odom Patterson Ritchie Rogers Ross Rush Shanahan Smith, J. R. Thomason Tucker Twiggs Ware Wilson, J. M. Those not voting were Messrs.: Alien Atherton Bailey Bennett Berlin Bond Brantley, H. L. Bray Brown, B. D. Burruss Carr Collins, M. Coney Daugherty Dixon WEDNESDAY, FEBRUARY 13, 1974 1907 Duke Farrar Floyd, J. H. Gignilliat Grantham Greer Hamilton Harris, J. F. Hill, B. L. Hill, G. Howard Irvin, R. Johnson Jones Jordan Keyton King Kreeger Lane, W. J. Lee McCracken Nix Northcutt Patten, R. L. Phillips, G. S. Pinkston Reaves Sweat Townsend Turner Waddle Mr. Speaker On the passage of the Bill, by substitute, the ayes were 100, nays 33. The Bill, having received the requisite constitutional majority, was passed, by substitute. Mr. Larsen of the 27th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite consitutional majority to HB 447, by substitute. SR 284. By Senators Reynolds of the 48th and Broun of the 46th: A Resolution designating U. S. Highway 441 as a Blue Star Memorial Highway; honoring Captain Leon Ellis, 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 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, M. Alexander, W. H. Alexander, W. M. Alien Bailey Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carrell Castleberry Chance Clark Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. 1908 Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Edwards Evans Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Howell Hudson Hutchinson Irvin, J. Irwin Jessup Jones JOURNAL OF THE HOUSE, Karrh Keyton King Knight Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Triplett Tucker Twiggs Vaughn Waddle Walker Wall Wamble Wheeler, B. . Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Atherton Beckham Bond Brantley, H. L. Bray Brown, B. D. Burruss Carr Cole Duke Egan Elliott Ellis Ezzard Farrar Foster Hill, B. L. Horton, W. L. Howard Irvin, R. Johnson Jordan Kreeger McCracken McDaniell Petro Phillips, G. S. Russell, W. B. Smith, J. R. Toles Townsend Turner Ware Wheeler, J. A. Mr. Speaker WEDNESDAY, FEBRUARY 13, 1974 1909 On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 1327. By Messrs. Adams of the 36th and Smith of the 74th: A Bill to be entitled an Act to amend an Act regulating traffic on streets and highways of this State, so as to change the provisions relating to the making of accident reports by the individual law enforcement agencies; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Beckham Bennett Berry Bohannon Bostick Brantley, H. H. 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, J. E. Dean, N. Dickey Dixon Dorminy Duke Edwards Elliott Ellis Farrar Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Jones Jordan Karrh King Knight Kreeger Lambert Lane, Dick Larsen, G. K. 1910 Larsen, W. W. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C. JOURNAL OF THE HOUSE, Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Bailey Berlin Blackshear Bond Brantley, H. L. Bray Brown, B. D. Coney Dent Dollar Egan Evans Ezzard Floyd, J. H. Hill, B. L. Irvin, R. Keyton Lane, W. J. Lee Matthews, D. R. McCracken Mulherin Nessmith Petro Phillips, G. S. Shepherd Smith, J. R. Townsend Mr. Speaker On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1330. By Messrs. Adams of the 36th and Smith of the 74th: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide that whenever a member of the Depart ment of Public Safety may suspend any officer or trooper from duty from cause pending a hearing which must be held in not more than 30 days after the suspension; and for other purposes. WEDNESDAY, FEBRUARY 13, 1974 1911 The following Committee amendment was read and adopted: The Judiciary Committee amends HB 1330 as follows: Line 4, page 1: By deleting the words "whenever a member of" Line 5, page 1: By striking the second "from" and substituting in lieu thereof the word "for" 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, M. Alexander, W. H. Alexander, W. M. Alien Atherton Beckham Bennett Berry Blackshear Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Dorminy Duke Edwards Elliott Ezzard Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hays Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irwin Jessup Jones Jordan Karrh Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nix Noble Oxford 1912 Patten, G. C. Patten, R. L. Patterson Pearce Phillips, L. L. Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan JOURNAL OF THE HOUSE, 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, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Bailey Berlin Bond Brantley, H. L. Brown, B. D. Castleberry Coney Connell Daugherty Dean, J. E. Dean, N. Dollar Egan Ellis Evans Farrar Grahl Hamilton Hawes Hill, B. L. Hill, G. Howell Irvin, R. Johnson Lane, W. J. Lee McCracken Nessmith Northcutt Odom Peters Petro Phillips, G. S. Pinkston Rainey Roach Townsend Mr. Speaker On the passage of the Bill, as amended, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1331. By Messrs. Smith of the 74th, Adams of the 36th, Smith of the 42nd and others: A Bill to be entitled an Act to prescribe speed restrictions for any street, roadway or highway of this State; to provide for racing on roads; to provide a penalty in connection therewith; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to prescribe speed restrictions for any street, roadway or highway of this State; to provide for definitions; to provide a basic rule; to provide for maximum limits; to provide for the estab- WEDNESDAY, FEBRUARY 13, 1974 1913 lishment of State speed zones; to provide when local authorities may and shall alter maximum limits; to provide for minimum speed regula tion; to provide special speed limitations; to provide for charging violations; to provide for racing on roads; to provide a penalty in con nection therewith; to provide an effective date; to provide for severability; to provide a specific repealer; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA: Section 1. General Definitions. The following words and phrases, wherever used in this Act, shall have the meaning as in this Section ascribed to them unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the Section of which they are a part. (a) Alley.--A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. (b) Controlled-Access highway.--Every highway, street or road way in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. (c) Driver's license.--Any license to operate a motor vehicle issued under the laws of this State. (d) Highway.--The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (e) House trailer.-- (1) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, or living abode (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways, or (2) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (1), but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services, or for another commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (f) Intersection.-- (1) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which 1914 JOURNAL OF THE HOUSE, vehicles traveling upon different highways joining at any other angle may come in conflict. (2) Where a highway includes two roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty (30) feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. (3) The junction of an alley with a street or highway shall not constitute an intersection. (g) Local authorities.--Every county, municipal and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this State. (h) Motor vehicle.--Every vehicle which is self-propelled. (i) Passenger car.--Every motor vehicle, except motorcycles and motor-driven cycles, designed for carrying 10 passengers or less and used for the transportation of persons. (j) Pedestrian.--Any person afoot. (k) Person.--Every natural person, firm, copartnership, associa tion, or corporation. (1) Residence district.--The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business. (m) Roadway.--That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways the term 'roadway' as used herein shall refer to any such roadway separately but not to all such roadways collectively. (n) Street.--The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (o) Traffic.--Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purposes of travel. (p) Urban district.--The territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more. WEDNESDAY, FEBRUARY 13, 1974 1915 (q) Vehicle.--Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. Section 2. Basic Rules. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade cross ing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions. Section 3. Maximum limits. Except when a special hazard exists that requires lower speed for compliance with Section 2 of this Act, the limits hereinafter specified or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of such maximum limits: (1) Thirty miles per hour in any urban or residence district. (2) Sixty miles per hour in other locations during the daytime. (3) Fifty-five miles per hour in such other locations during the nighttime. (4) On a controlled-access highway seventy miles per hour during the daytime and sixty-five miles per hour during the nighttime. Daytime means from a half hour before sunrise to a half hour after sunset. Nighttime means at any other hour. The maximum speed limits set forth in this Section may be altered as authorized in Sections 4 and 5 of this Act. Section 4. Establishment of State speed zones. Whenever the Com missioner of Public Safety or the Commissioner of the Department of Transportation shall determine upon the basis of an engineering and traffic investigation that any maximum speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the State Highway System, or upon any other street or highway in any unincor porated area, said Commissioners may jointly determine and declare a reasonable and safe maximum limit thereat, which shall be effective when appropriate signs giving notice thereof are erected. Such a maximum speed limit may be declared to be effective at all times or at such times as are indicated upan the said signs; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs. 1916 JOURNAL OF THE HOUSE, Section 5. When local authorities may and shall alter maximum limits. (a) Whenever the governing authority of an incorporated munici pality, in its respective jurisdiction, determines on the basis of an engi neering and traffic investigation that the maximum speed permitted under this Act is greater or less than is reasonable and safe under the conditions found to exist upon a highway or part of a highway in its jurisdiction such authority may determine and declare a reasonable and safe maximum limit thereon which: (1) Decreases the limit at intersections; or (2) Increases the limit within an urban or residence district, but not to more than 60 miles per hour during daytime or 55 miles per hour during nighttime; or (3) Decreases the limit outside an urban or residence district, but not to less than 35 miles per hour. (4) Decreases the limit within an urban or residence district to 25 miles per hour; or (5) Decreases any speed limit where a special hazard or condition exists that requires lower speed for compliance with Section 2 of this Act. (b) Such an authority in its respective jurisdiction shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under this Act for an urban district. (c) Any altered limit established as hereinabove authorized shall be effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof are erected upon such street or highway. (d) Any alteration of maximum limits on State highways or extensions thereof in a municipality by such authority shall not be effective until such alteration has been approved by the Department of Transportation of Georgia. (e) Not more than six such alterations as hereinabove authorized shall be made per mile along a street or highway, except in the case of reduced limits at intersections, and the difference between adjacent limits shall not be more than 10 miles per hour. Section 6. Minimum Speed regulation. (a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation. WEDNESDAY, FEBRUARY 13, 1974 1917 (b) Whenever the Commissioner of Public Safety or the Com missioner of the Department of Transportation of Georgia or local authorities within their respective jurisdictions determine on the basis of any engineering and traffic investigation that slow speeds on any part of a road impede the normal and reasonable movement of traffic, such Department Commissioners may jointly, or such local authority, may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation and that limit shall be effective when posted upon fixed or variable signs. However, no minimum speed established by a local authority shall be effective until approved by the joint action of said Commissioners. Section 7. Special speed limitations. (a) No person shall drive a vehicle which is towing a house trailer at a speed in excess of 10 miles per hour less than the maximum speed limit authorized for passenger cars by Sections 2 through 5 of this Act. Provided, however, that the restriction of this subsection shall apply only to a vehicle towing a house trailer weighing more than 2,500 pounds. (b) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this Section. (c) The Department of Transportation of Georgia may conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereupon find that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this Act, said Department shall determine and declare the maximum speed of vehicles which such structure can safely withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained before each end of such structure. (d) Upon the trial of any person charged with a violation of sub section (b) of this Section, proof of said determination of the maximum speed by said Department and the existence of said signs shall con stitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure. Section 8. Charging violations. In every charge of violation of any speed regulation in this Act, the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location. Section 9. Racing on roads. (a) No person shall drive any vehicle on a highway in this State in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, 1918 JOURNAL OF THE HOUSE, for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition of speed, contest of speed, or test or exhibition of speed. (b) Drag race is defined as the operation of two or more vehicles from a point side by side at accelerated speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of accelera tion of such vehicle or vehicles within a certain distance or time limit. (c) Racing is defined as the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long dis tance driving routes. (d) Any person convicted of violating this Section shall be punished as provided in Section 11 of an Act approved March 10, 1970 (Ga. Laws 1970, pp. 236, 241, Ga. Code Ann., Section 68-9931), as now or here after amended. (e) The court shall, in addition to the other punishment prescribed in subsection (d) hereof revoke the driver's license of any person who is convicted, enters a plea or guilty, or plea of nolo contendere for any of the offenses set forth in subsections (a) through (c) hereof for a period of not less than 12 months nor more than 18 months for each offense, in the discretion of the trial judge, if such person has a driver's license, and in the event the person does not have a driver's license, the court shall issue an order providing that said person shall not be eligible to apply for or receive a driver's license in the State of Georgia for a period of not less than 12 months nor more than 18 months for each offense, in the discretion of the trial judge. It shall also be the duty of the court to inquire as to whether or not the defendant has a driver's license, and if so, the court shall require the defendant to deposit said license with the clerk of the court and said clerk shall immediately forward the order of court and the license to the State Department of Public Safety. In the event the defendant does not have a driver's license, it shall be the duty of the clerk of the court to forward a copy of the order of court to the State Department of Public Safety and also notify the Department of Public Safety that the defendant did not have a driver's license. In the event a person forfeits a bond who is charged with any of the offenses which are prescribed in subsections (a) through (c) hereof, the judge or presiding officer of such court forfeiting the bond shall instantly enter an ex parte order revoking the license of the person whose bond was forfeited for a period equal to the maximum sentence that such person could have received for the offense for which he was charged and said order shall further provide that in the event such person does not have a driver's license that said person shall not be eligible to apply for or receive a driver's license in the State of Georgia from the date of such order to the expiration of the time that said maxi- WEDNESDAY, FEBRUARY 13, 1974 1919 mum sentence shall have expired. The clerk of the court wherein the bond was forfeited shall immediately transmit a copy of said order to the Department of Public Safety of Georgia. It shall be the duty of the Department of Public Safety to keep a permanent and public record of all persons whose drivers' licenses have been revoked pursuant to the terms of subsections (a) through (c) hereof, or who have been denied the right to apply for or receive a driver's license pursuant to the terms of such subsections notwithstand ing the fact that the defendant may be a juvenile or a minor. The provisions of such subsections shall be cumulative and the De partment of Public Safety shall be authorized to revoke and suspend drivers' licenses and to refuse to issue drivers' licenses for periods of time longer other than as is provided in such subsections, as may now or hereafter be provided by law. Section 10. Effective date. This Act shall become effective on the date upon which the Governor finds and declares in an Executive Order that the President of the United States of America has declared that there is not a fuel shortage requiring the application of the Emergency Highway Energy Conservation Act or on the date upon which the Governor finds and declares in an Executive Order that the Emer gency Highway Energy Conservation Act has ceased to exist as a cur rent statute of the United States of America, whichever shall first oc cur. Section 11. Severability. In the event any section, subsection, sen tence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconsti tutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 12. Specific repealer. The following sections and parts of sections of the "Uniform Act Regulating Traffic on Highways", ap proved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, are hereby specifically repealed: (a) Section 48, relating to general speed restrictions. (b) Section 49, relating to the establishment of state speed zones. (c) Section 49A, added by Section 2 of an Act approved April 2, 1963 (Ga. Laws 1963, p. 254), relating to altering speed limits on limited-access highways. (d) Section 50, relating to when local authorities may alter lawful speed limits. 1920 JOURNAL OF THE HOUSE, (e) Section 51, relating to minimum speed regulation. (f) Section 52, relating to special speed limitations on motor driven cycles at nighttime. (g) Section 53, relating to special speed limitations on elevated structures. (h) Section 54, relating to charging violations. Section 13. Repeal of conflicting laws. All laws and parts of laws in conflict this Act are hereby repealed. The following amendment was read and adopted: Mr. Mulherin of the 81st moves to amend HB 1331 as follows: Page 5, Section 5, line 32, after "municipality" add "or county". 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 Beckham Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Davis, E. T. Davis, W. Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Elliott Ellis Evans Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer WEDNESDAY, FEBRUARY 13, 1974 1921 Groover Harden Harrington Harris, J. F. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jones Jordan Keyton King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McKinney Miles Milford Morgan Moyer Mulherin Nessmith Nix 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. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tucker Twiggs Vaughn Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood Those not voting were Messrs.: Bailey Bennett Bond Brantley, H. L. Bray Brown, B. D. Carrell Collins, M. Daugherty Dean, Gib Dean, N. Dollar Egan Ezzard Farrar Floyd, J. H. Geisinger Hamilton Harris, J. R. Hill, B. L. Jessup Johnson Lambert Larsen, W. W. Lee Mason McCracken McDonald Mullinax Northcutt Patten, R. L. Phillips, G. S. Russell, W. B. Savage Town send Turner Wamble Ware Wilson, M. L. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 1922 JOURNAL OF THE HOUSE, The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate has passed by Substitute by the requisite constitutional majority the following Bill of the House, to-wit: HB 1376. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 6th and Burruss of the 21st: A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1974, in addition to any other appropriations heretofore or hereafter made for the operation of the departments and agencies of the State provided for herein and the purposes provided for herein. 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 Wednesday, February 13, 1974, by adding the following: HR 634-1893. Lease-Air Rights; Governor Amendments HB 1892. State Properties Code; Amend HB 1893. State Properties Code; Lease or Contracts Except as herein amended, the provisions of the calendar heretofore submitted shall remain of full force and effect. Respectfully submitted, /s/ Lambert of the 97th Lambert of the 97th, Vice-Chairman By unanimous consent, the following Bill of the House was withdrawn from the Committee on Rules and referred to the Committee on State of Republic: HB 1794. By Mr. Larsen of the 27th: A Bill to be entitled an Act to enact the model conflict of interest Act; to prohibit use of public office for pecuniary gain; to prohibit the solici tation or receipt of anything of value by a public official or his house hold; to prohibit use and disclosure of confidential information; to pro hibit conflicts of interest by legislators and legislative employees; to WEDNESDAY, FEBRUARY 13, 1974 1923 prohibit certain conflicts of interest by public officers and employees; and for other purposes. HR 686. By Messrs. Murphy of the 18th, Burruss of the 21st and Busbee of the 114th: A RESOLUTION To amend House Resolution number 3; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Resolution number 3 adopted at the regular 1973 session is hereby amended by striking Part VII in its entirety and inserting in lieu thereof a new Part VII, to read as follows: "Part VII. BE IT FURTHER RESOLVED that during his tenure of office the Speaker is authorized to appoint aides and fix the compensation, expenses and allowances therefor." BE IT FURTHER RESOLVED that the provisions of this Resolu tion shall become effective at the end of March 15, 1974. The Speaker 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 1555. By Messrs. Morgan of the 70th, Tucker of the 69th, Snow of the 1st and others: A Bill to be entitled an Act to create the Prosecuting Attorneys' Council of the State of Georgia; to provide for the membership of the council, their qualifications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities; and for other purposes. The following substitute offered by Mr. Morgan of the 70th, was read and adopted: A BILL To be entitled an Act to create the Prosecuting Attorneys' Council of the State of Georgia; to provide for the membership of the council, their qualifications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities; to provide for a method of filling vacancies; to provide for meetings of the 1924 JOURNAL OF THE HOUSE, council; to provide for officers of the council and their terms; to provide for rules for the transaction of business; to preserve the powers of certain State officials; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. The Prosecuting Attorneys' Council of the State of Georgia is hereby established. It shall be the purpose of the council to assist the prosecuting attorneys throughout the State in their efforts against criminal activity in the State. Such assistance may include: (a) the obtaining, preparation, supplementing and dissemination of indexes to and digests of the decisions of the Supreme Court and the Court of Appeals of Georgia and other courts, statutes and other legal authorities relating to criminal matters; (b) the preparation and distribution of a basic prosecutor's manual and other educational materials; (c) the preparation and distribution of model indictments, search warrants, interrogation advices and other common and appropriate documents employed in the administration of criminal justice at the trial level; (d) the promotion of and assistance in the training of prosecuting attorneys; (e) the provision of legal research assistance to prosecuting at torneys ; (f) the provision of such assistance to law enforcement agencies as may be lawful; and (g) the provision of such other assistance to prosecuting attorneys as may now or hereafter be authorized by law. Section 2. (a) The Prosecuting Attorneys' Council of the State of Georgia shall be a legal entity; shall have perpetual existence; may contract; may own property; may accept funds, grants and gifts from any public or private source 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 appropriate 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. (b) The council shall require a sufficient bond signed by some sure ty or guaranty company authorized to do business in this State of any administrative or clerical personnel employed by the council and em powered by the council to handle its funds. The premiums due on all such bonds may be paid by the council from funds available to it. WEDNESDAY, FEBRUARY 13, 1974 1925 (c) The council shall establish such auditing procedures as may be required in connection with the handling of public funds. The State Auditor is authorized and directed to make an annual audit of the acts and doings of the council and to make a complete report of the same to the General Assembly. The report shall disclose all monies received by the council and all expenditures made by the council, including adminis trative expense. He shall also make an audit of the affairs of the council at any time requested by a majority of the council or the Governor of the State. (d) The council may not provide compensation from its funds to any administrative or clerical personnel employed by the council if such personnel then be in receipt of retirement compensation from the Trial Judges and Solicitors Retirement Fund, the Peace Officers An nuity and Benefit Fund of Georgia, the Sheriffs Retirement Fund of Georgia, the Superior Court Clerks' Retirement Fund of Georgia, the Superior Court Judges Retirement Fund of Georgia or any other retire ment fund created by State law to provide compensation for past services as a judicial officer, prosecuting attorney, court officer or law enforce ment officer. Section 3. (a) The council shall be composed of eleven members, six of whom shall be district attorneys and three of whom shall be solicitors of courts of record. The two remaining members shall be the president of the State Bar of Georgia and the immediate past president of the State Bar of Georgia or their designees. The initial six district at torney members of the council shall be selected by district attorneys who shall then be serving as such at a special called meeting for such pur pose, with two such initial members being appointed for a term of four years, two such initial members being appointed for a term of three years, and two such initial members being appointed for a term of two years. The initial three solicitor members of courts of record shall be selected by solicitors who shall then be serving as such at a special called meeting for such purpose, with one such initial member being appointed for a term of four years, one such initial member being appointed for a term of three years, and one such initial member being appointed for a term of two years. Immediately prior to the expiration of a member's term of office as a member, the council shall elect a new member to succeed the member whose term is expiring. Following the terms of the initial members selected, the term of office of each prosecutor member of the council shall be for a period of four years. The initial members of the council shall take office on July 1, 1974, and succeeding members of the council shall take office on the first day of July following their election by the council. No prosecutor member of the council shall be eligible to succeed himself for a consecutive term as a member. The president and immediate past president of the State Bar of Georgia or their designees shall serve as members of the council only during their tenure as president or immediate past president of the State Bar of Georgia. (b) In the event a vacancy occurs in the prosecutor membership of the council as a result of the death, resignation, removal or failure of reelection as a prosecutor, the remaining members of the council shall elect a qualified person to serve for the remainder of the un- 1926 JOURNAL OF THE HOUSE, expired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon his election. Section 4. The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council. Section 5. Notwithstanding any other provision of law, no council member shall be ineligible to hold any of the offices of district attorney, district attorney emeritus, solicitor general emeritus or solicitor by virtue of his position as a member of the council. Section 6. Anything in this Act to the contrary notwithstanding, the Prosecuting Attorneys' Council may not exercise any power, under take any duty or perform any function presently or hereafter assigned by law to the Governor of this State, the Attorney General, any district attorney or any solicitor of any court of record in this State. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Bailey Bennett Berry Bohannon Bray Brown, S. P. Burton Busbee Carlisle Carr Castleberry Coleman Collins, M. Collins, S. Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Duke Egan Elliott Farrar Floyd, L. R. Fraser Geisinger Gignilliat Grahl Grantham Greer Harris, J. F. Harris, J. R. Hatcher Hawes Hays Hill, G. Horton, G. T. Howard WEDNESDAY, FEBRUARY 13, 1974 1927 Howell Hudson Hutchinson Irvin, R. Jordan Keyton King Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee Lewis Marcus McCracken McDaniell McDonald McKinney Morgan Moyer Mulherin Nessmith Nix Oxford Patten, G. C. Patterson Peters Petro Phillips, G. S. Phillips, L. L. Rainey Reaves Roach Rogers Ross Rush Russell, W. B. Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Triplett Tucker Vaughn Waddle Walker Wall Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs.: Blackshear Brown, C. Cole Colwell Dorminy Foster Groover Harrington Harrison Irwin Lowrey Matthews, D. R. Mauldin Milford Ritchie Russell, J. Savage Those not voting were Messrs.: Alexander, W. M. Atherton Beckham Berlin Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Buck Burruss Carrell Chance Clark Coney Conn ell Daugherty Dean, J. E. Dixon Dollar Edwards Ellis Evans Ezzard Floyd, J. H. Hamilton Harden Hill, B. L. Horton, W. L. Irvin, J. Jessup Johnson Jones Knight Larsen, G. K. Levitas Logan Mason Matthews, C. Miles Mullinax Noble Northcutt Odom Patten, R. L. Pearce Pinkston Sams Thomason Townsend Turner Twiggs Wamble Ware Wheeler, Bobby Mr. Speaker 1928 JOURNAL OF THE HOUSE, On the passage of the Bill, by substitute, the ayes were 106, nays 17. The Bill, having received the requisite constitutional majority, was passed, by substitute. Mr. Odom of the 114th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 1555, by substitute. Had he been present he would have voted "aye". Mr. Harrison of the 116th stated that he had inadventently voted "nay" on the passage of HB 1555, by substitute, and had intended to vote "aye". HB 1844. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide for the authorization of distribution or sale of distilled spirits in limited container sizes by certain common carriers; to provide for the payment of taxes by such carriers in connection with such distribu tions or sales; and for other purposes. An amendment, offered by Mr. Rush of the 104th 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. Adams, John Alexander, W. H. Alexander, W. M. Atherton Bailey Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. 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 Dent Dickey Dixon Edwards Egan WEDNESDAY, FEBRUARY 13, 1974 1929 Elliott Evans Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Grahl Greer Groover Harden Harrington Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irwin Jessup Johnson Jordan Keyton King Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Lee Lewis Lowrey Marcus Matthews, C. McCracken McDaniell McDonald McKinney Miles Morgan Moyer Mulherin Mullinax Noble Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Rogers Ross Rush Russell, W. B. Savage Shanahan Shepherd Snow Stephens Strickland Sweat Thompson Townsend Tucker 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.: Adams, G. D. Adams, Marvin Colwell Grantham Harris, J. F. Lane, Dick Mauldin Milford Nessmith Nix Patten, G. C. Roach Smith, V. B. Thomason Toles Wall Those not voting were Messrs.: Alien Beckham Bennett Bond Brantley, H. L. Bray Brown, B. D. Burruss Coney Daugherty Dean, J. E. Dean, N. Dollar Dorminy Duke Ellis Ezzard Fraser Gignilliat Hamilton Hill, B. L. Howell Irvin, R. Jones Larsen, W. W. Levitas Logan Mason Matthews, D. R. Northcutt Patten, R. L. Petro Reaves Russell, J. Sams Smith, J. R. Triplett Turner Wilson, M. L. Mr. Speaker 1930 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 123, nays 16. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1844 was ordered immediately transmitted to the Senate. HB 1845. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide for licenses which may be issued under the authority of such Act; to provide the fees for such licenses; and for other purposes. The following amendment was read and adopted: Mr. Groover of the 75th moves to amend HB 1845 by adding after the word "premises" in line 24 the following: "which shall be in addition to any local li cense or fee". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett Berry Blacfcshear Bohannon Bostick Brantley, H. H. 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 Dent Dickey Dixon Dorminy Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. WEDNESDAY, FEBRUARY 13, 1974 1931 Geisinger Grahl Grantham Groover Harden Harrington Harris, J. R. Harrison Hatcher Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jordan Keyton King Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Noble Odom Oxford Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Russell, W. B. Sams Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thompson Townsend Tucker Vaughn Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood Those voting in the negative were Messrs.: Adams, G. D. Adams, M. Dean, N. Foster Harris, J. F. Lane, Dick Nessmith Nix Patten, G. C. Savage Smith, V. B. Toles Those not voting were Messrs.: Alien Berlin Bond Brantley, H. L. Bray Brown, B. D. Burruss Colwell Coney Daugherty Dean, J. E. Dollar Duke Fraser Gignilliat Greer Hamilton Hill, B. L. Hill, G. Jones Levitas Mason McDonald Northcutt Patten, R. L. Reaves Rush Russell, J. Thomason Triplett Turner Twiggs Wilson, M. L. Mr. Speaker 1932 JOURNAL OF THE HOUSE, On the passage of the Bill, as amended, the ayes were 133', nays 12. The Bill, having received the requisite constitutional majority, was passed, as amended. By unanimous consent, HB 1845, as amended, was ordered immediately trans mitted to the Senate. HB 1846. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide detailed procedures for the issuance and renewal of licenses required by said Act for the investigation of all applicants for such licenses; and for other purposes. The following amendment was read and adopted: Mr. Connell of the 80th moves to amend HB 1846 as follows: Page 2, line 11, add the word "initial" before the word "application". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, J. H. Adams, John Alexander, W. M. Bailey Beckham Bennett Berry Bohannon Bond Bostick Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Coleman Collins, M. Collins, S. Connell Davis, W. Dean, Gib Dent Dickey Dixon Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Geisinger Grahl Grantham Greer Groover WEDNESDAY, FEBRUARY 13, 1974 1933 Harden Harrington Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, R. Irwin Jessup Johnson Jordan Keyton Knight Kreeger Lambert Lane, W. J. Larsen, G. K. Lee Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. McKinney Miles Morgan Moyer Mulherin Mullinax Noble Northcutt Odom Oxford Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. B, Sams Shanahan Shepherd Snow Stephens Strickland Sweat Thompson Townsend Tucker Vaughn Waddle Walker Wall Wamble Ware Whitmire Williams Willis Wilson, J M. Wood Those voting in the negative were Messrs.: Adams, G. D. Adams, M. Colwell Dean, N. Harris, J. F. Lane, Dick Mauldin Nessmith Nix Patten, G. C. Savage Smith, V. B. Thomason Toles Wheeler, B. Those not voting were Messrs.: Alexander, W. H. Alien Atherton Berlin Blackshear Brantley, H. L. Bray Burruss Cole Coney Daugherty Davis, E. T. Dean, J. E. Dollar Dorminy Duke Ezzard Poster Fraser Gignilliat Hamilton Hill, B. L. Irvin, J. Jones King Larsen, W. W. McCracken McDaniell McDonald Milford Patten, R. L. Rush Smith, J. R. Thomason Triplett Turner Twiggs Wheeler, J. A. Wilson, M. L. Mr. Speaker 1934 JOURNAL OF THE HOUSE, On the passage of the Bill, as amended, the ayes were 125, nays 15. The Bill, having received the requisite constitutional majority, was passed, as amended. By unanimous consent, HB 1846, as amended, was ordered immediately transmitted to the Senate. HB 1847. By Mr. Connell of the 80th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide a limitation upon the quantity of distilled spirits which may lawfully be sold by a retail licensee; to provide exceptions to such limita tion and procedures connected therewith; and for other purposes. The following Committee amendment was read and adopted: The Committee on Temperance moves to amend HB 1847 by strik ing lines 16 through 23, page 1, which reads as follows: "Section 29. No retail licensee shall willfully and knowingly sell more than one standard case of distilled spirits at any one time to any purchaser without a special permit issued by the Revenue Commissioner under rules and regulations issued by him as herein after provided. Any retail licensee willfully and knowingly selling more than the quantity specified herein without a special permit" and inserting in lieu thereof the following: "Section 29. No retail licensee shall willfully and knowingly sell more than one standard case of half-gallon, quart, or fifth size containers of distilled spirits at any one time to any purchaser without a special permit issued by the Revenue Commissioner under rules and regulations issued by him as hereinafter provided. Under no circumstances shall a retail licensee sell more than twelve (12) individual containers of distilled spirits of a size smaller than onefifth gallon at any one time to any one purchaser. Any retail licensee willfully and knowingly selling more than the quantities of the sizes of containers specified herein without a special permit." The following amendment was read: Mr. Rush of the 104th moves to amend HB 1847 as follows: By inserting in the title immediately preceding the phrase, "to repeal conflicting laws;" the following: WEDNESDAY, FEBRUARY 13, 1974 1935 "to repeal an Act providing that in all municipalities of this State having a population of 400,000 or more according to the United States Decennial Census of 1970, or any future such census, wherein the sale of alcoholic beverages, distilled spirits, malt bever ages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours, approved April 13, 1973 (Ga. Laws 1973, p. 2678);". By renumbering Section 2 as Section 3 and by adding a new Section 2 to read as follows: "Section 2. An Act to provide that in all municipalities of this State having a population of 400,000 or more according to the United States Decennial Census of 1970, or any future such census, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consump tion on the premises shall be authorized during certain hours, ap proved April 13, 1973 (Ga. Laws 1973, p. 2678), is hereby repealed in its entirety." On the amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, M. Alien Chance Collins, M. Dixon Foster Fraser Gignilliat Grantham Harris, J. F. Hill, G. Howell Keyton Lane, Dick Lane, W. J. Lowrey Matthews, D. R. Mauldin McCracken Milford Nessmith Nix Oxford Patten, G. C. Patterson Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Rush Sams Smith, V. B. Sweat Toles Triplett Wall Wheeler, B. Whitmire Willis Those voting in the negative were Messrs.: Adams, J. H. Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett Berry Blackshear Bond Bostick Brantley, H. H. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carrell Clark Cole Collins, S. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib 1936 Dean, J. E. Dent Dickey Dorminy Edwarde Egan Elliott Evans Farrar Floyd, J. H. Floyd, L. R. Geisinger Grahl Greer Groover Hamilton Harden Harris, J. R. Harrison Hatcher Hawes Hays JOURNAL OF THE HOUSE, Horton, G. T. Horton, W. L. Hudson Hutchinson Irwin Johnson Karrh Knight Kreeger Lambert Larsen, G. K. Lee Lewis Logan Marcus McDonald McKinney Miles Morgan Moyer Mulherin Mullinax Noble Northcutt Odom Pearce Petro Phillips, G. S. Ross Russell, J. Russell, W. B. Savage Shanahan Snow Stephens Thompson Townsend Tucker Vaughn Williams Wilson, J. M. Wood Those not voting were Messrs.: Adams, John Berlin Bohannon Brantley, H. L. Bray Brown, B. D. Burruss Carr Castleberry Coleman Colwell Coney Dean, N. Dollar Duke Ellis Ezzard Harrington Hill, B. L. Howard Irvin, J. Irvin, R. Jessup Jones Jordan King Larsen, W. W. Levitas Mason Matthews, C. McDaniell Patten, R. L. Peters Ritchie Shepherd Smith, J. R. Strickland Thomason Turner Twiggs Waddle Walker Wamble Ware Wheeler, J. A. Wilson, M. L. Mr. Speaker On the amendment, the ayes were 42, nays 91. The amendment was lost. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. WEDNESDAY, FEBRUARY 13, 1974 1937 On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, J. H. Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Berry Blackshear Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dorminy Edwards Egan Evans Farrar Floyd, J. H. Geisinger Grahl Greer Groover Hamilton Harden Harrington Harris, J. R. Harrison Hatcher Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hutchinson Irvin, J. Irvin,R. Knight Kreeger Lambert Larsen, G. K. Lee Lewis Marcus McCracken McDonald McKinney Miles Morgan Moyer Mulherin Mullinax Noble Northcutt Odom Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Ritchie Rogers Ross Russell, J. Russell, W. B. Sams Shanahan Snow Stephens Strickland Thompson Townsend Tucker Vaughn Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs.: Adams, G. D. Bostick Burton Collins, M. Collins, S. Dean, N. Dixon Duke Floyd, L. R. Foster Fraser Grantham Harris, J. F. Hill, G. Hudson Irwin Johnson Keyton Lane, Dick Lane, W. J. Logan Lowrey Matthews, D. R. Mauldin Milford Nessmith Oxford Patten, G. C. Reaves Roach 1938 Savage Smith, V. B. Sweat JOURNAL OF THE HOUSE, Toles Waddle Walker Wall Wheeler, B. Willis Those not voting were Messrs.: Adams, John Adams, M. Alien Atherton Berlin Brantley, H. L. Burruss Colwell Coney Dollar Elliott Ellis Ezzard Gignilliat Hill, B. L. Jessup Jones Jordan Karrh King Larsen, W. W. Levitas Mason Matthews, C. McDaniell Patten, R. L. Pinkston Rainey Rush Shepherd Smith, J. R. Thomason Triplett Turner Twiggs Wamble Ware Mr. Speaker On the passage of the Bill, as amended, the ayes were 102, nays 39. The Bill, having received the requisite constitutional majority, was passed, as amended. Mr. Bray of the 66th stated that he had inadvertently voted "aye" but in tended to vote "nay" on the passage of HB 1847, as amended. Mr. Nix of the 20th was unable to record his vote because of a mechanical malfunction, but he intended to vote "nay" on the passage of HB 1847, as amended. By unanimous consent, HB 1847, as amended, was ordered immediately trans mitted to the Senate. HB 1848. By Mr. Connell of the 80th: 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 place a limitation upon the quantity of distilled spirits which may law fully be possessed in any county of this State; and for other purposes. The following Committee amendment was read and adopted: The Committee on Temperance moves to amend HB 1848 as follows: WEDNESDAY, FEBRUARY 13, 1974 1939 By striking line 18, page 1, which reads as follows: "one standard case" and inserting in lieu thereof the following: "one standard case of half-gallon, quart, or fifth size containers of distilled spirits, but not more than 12 individual containers of distilled spirits of a size smaller than 1/5 gallon." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, John Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Berlin Berry Bohannon Bond Brantley, H. H. Brown,. B. D. Brown, S. P. Buck Busbee Chance Clark Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Edwards Egan Evans Farrar Floyd, L. R. Geisinger Grahl Greer Groover Hamilton Harden Harrington Harris, J. R. Hatcher Hawes Hays Horton, G. T. Howard Howell Hutchinson Irvin, R. Keyton Knight Lambert Larsen, G. K. Lee Levitas Marcus McDaniell McDonald McKinney Miles Morgan Moyer Mulherin Mullinax Noble Northcutt Odom Patterson Pearce Peters Petro Phillips, G. S. Ritchie Rogers Ross Russell, W. B. Sams Shanahan Smith, J. R. Snow Stephens Strickland Thompson Townsend Tucker Wamble Ware Wheeler, J. A. Whitmire . Williams Wilson, J. M. Wilson, M. L. 1940 JOURNAL OF THE HOUSE, Those voting in the negative were Messrs.: Adams, G. D. Adams, J. H. Adams, Marvin Alien Bostick Bray Burton Carr Collins, M. Collins, S. Colwell Dean, N. Duke Floyd, J. H. Foster Fraser Grantham Harris, J. F. Hill, G. Horton, W. L. Hudson Irwin, J. R. Johnson Lane, Dick Lane, W. J. Lewis Logan Matthews, D. R. Mauldin Milford Nessmith Nix Oxford Patten, G. C. Rainey Reaves Roach Rush Russell, J. Savage Smith, V. B. Sweat Toles Triplett Vaughn Waddle Walker Wall Wheeler, Bobby Willis Wood Those not voting were Messrs.: Atherton Blackshear Brantley, H. L. Brown, C. Burruss Carlisle Carrell Castleberry Cole Coleman Dixon Dollar Dorminy Elliott Ellis Ezzard Gignilliat Harrison Hill, B. L. Irvin, J. Jessup Jones Jordan King Kreeger Larsen, W. W. Lowrey Mason Matthews, C. McCracken Patten, R. L. Phillips, L. L. Pinkston Shepherd Thomason Turner Twiggs Mr. Speaker On the passage of the Bill, as amended, the ayes were 90, nays 51. The Chair voted "aye". On the passage of the Bill, as amended, the ayes were 91, nays 51. The Bill, having received the requisite constitutional majority, was passed, as amended. Mr. Dorminy of the 115th stated that he had been called from the floor of the House when the roll call was ordered on the passage of HB 1848, as amended. Had he been present he would have voted "nay". WEDNESDAY, FEBRUARY 13, 1974 1941 Mr. Lane of the 76th served notice of motion that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 1848, as amended. HB 1676. By Messrs. Oxford of the 101st, Castleberry of the 96th, Edwards of the 95th and others: A Bill to be entitled an Act to amend an Act providing for pre-need funeral service contracts, so as to change certain definitions and provide for additional definitions; to require certain persons to furnish the Comptroller General with certified copies of their bank statement or statements showing certain information; to change the provisions relat ing to revocation of certificates and liquidation proceedings; and for other purposes. The following amendment was read and adopted: Mr. Oxford of the 101st moves to amend HB 1676 as follows: By striking lines 4 through 8 of page 4 and substituting in lieu thereof the following: "(a) Has violated any provision of this Act or any other law of this State regarding the sale of pre-need funeral service con tracts, or". And, by striking lines 15 through 18 of page 4 and substituting in lieu thereof the following: "(d) Has knowingly failed to comply with, or has violated any lawful order, rule or regulation of the Comptroller General regard ing pre-need funeral service contracts;". The following amendment was read: Messrs. Oxford of the 101st, Larsen of the 102nd and Vaughn of of the 57th move to amend HB 1676 as follows: By adding after Section 6 a new Section, to be designated Section 7, to read as follows: "Section 7. Said Act is further amended by striking Section 16 in its entirety and substituting in lieu thereof a new Section 16 to read as follows: 'Section 16. Certificate of Registration to Operate Cemetery. The provisions of this Act shall not be applicable insofar as they are contrary to any laws of this State covering persons holding a 1942 JOURNAL OP THE HOUSE, certificate of registration to operate a cemetery, and no person holding a certificate of registration to operate a cemetery in this State shall be required to hold a certificate of registration under this Chapter by virtue of the sale of vaults or subterranean crypts, provided, however, that: (a) As to merchandise normally sold by cemeteries which is not attached to the realty or delivered to the purchaser at the time of sale, including but not limited to the sale of subterranean crypts, vaults, markers and monuments, whether bronze or otherwise, the cemetery shall within ten days after the receipt of any payment deposit a part thereof as hereinafter specified in subsection (b) hereof in a state bank, savings bank, trust company, national bank, or federal savings and loan association located and doing business in this State and shall leave such funds on deposit therein until the merchandise shall be delivered by attachment to realty or other wise, provided that when the cemetery shall have paid the wholesale price to the manufacturer of bronze and when the manufacturer shall have certified to the purchaser that such payment has been made and that such bronze markers and/or monuments will be shipped upon request of the purchaser, then the cemetery shall be authorized to withdraw the mentioned funds from deposit. (b) The amount to be so deposited from each such sale shall be the actual wholesale cost of such merchandise or 35% of sales price of such merchandise, whichever is greater. If the contract of sale shall include cemetery space and/or attachments to realty, the portion of the sales price attributable to the sale of the con templated merchandise shall be determined and it shall only be as to such portion of the total contract that deposit of wholesale cost or 35% of sales price, whichever is greater, shall be required. In the event that the sale of merchandise is on an installment contract, the contemplated trust deposit shall be a pro rata part from each installment payment, such deposit only being required pro rata as payments are made by the purchaser. (c) The funds on deposit under the terms hereof shall be deemed and regarded as trust funds pending delivery of the merchandise concerned, but after delivery of the merchandise concerned the cemetery shall be authorized to withdraw such deposit and treat the same as money belonging to the cemetery. Upon failure and/or refusal of the cemetery to deliver such merchandise in accordance with the terms of contract, the purchaser shall be entitled to recover from the trust fund the funds on deposit for undelivered merchandise and from the cemetery the remainder of the purchase price. (d) The Secretary of State shall have authority to audit or cause to be audited the books of each registered cemetery as to such merchandise trust funds as frequently as the Secretary of State may deem appropriate and to require such reports at least quarterly, as to such funds as the Secretary of State may deem appropriate; provided that the Secretary of State may accept a certified report of examination from a Certified Public Accountant in lieu of audit in the discretion of the Secretary of State. Furthermore, in event WEDNESDAY, FEBRUARY 13, 1974 1943 that the Secretary of State may find reason to believe in any case that the amount of funds on deposit are less than the required in subsection (b), the Secretary of State may require such increase of deposit as he reasonably believes necessary to accomplish the trust purposes of this Section. (e) The Secretary of State may revoke suspend or refuse to renew the certificate of registration of any cemetery if, after notice and hearing held in accordance with the requirements of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, the Secretary of State finds that such cemetery has willfully violated the provisions of law contained in this Section, or has intentionally misrepresented or concealed any material fact in the application for the certificate of registration and has thereby obtained such certificate by fraud, or has willfully failed to comply with any proper order, rule or regulation of the Secretary of State or has misappropriated, con verted or illegally withheld, or failed to account for any of said trust funds, or has committed any fraudulent act in contracting for the sale of merchandise; provided that the cemetery shall be af forded written notice of any such failure, refusal or violation and shall have omitted to correct the same within ten days after receipt of such written notice requiring the correction of the same. (f) In addition to any other penalties that may be imposed, any cemetery willfully violating any provisions of this Section or any rule, regulation or order of the Secretary of State afforded pursuant to this Section shall be subject to a maximum civil penalty not to exceed $100.00 on violation for each day that such violation or violations persist, but not exceeding the total sum of $5,000.00; but such penalty shall only be, imposed if the cemetery shall fail to correct any failure, refusal or violation after written notice of the Secretary of State to correct same. The Secretary of State shall be authorized in his discretion to fail to impose penalty or impose any lesser penalty that he may deem to be sufficient and appropriate in any particular case. The amount of any such penalty may be collected by the Secretary of State in the same manner that money judgments are now enforced in the Superior Courts of this State; except that the order, rule, or finding of the Secretary of State as to such penalty may be appealed to Superior Court as are orders of the Commissioner of Revenue in the manner provided by Section 92-8446 of the Code of Georgia, as amended, or, otherwise, judicial review may be had as provided by the Georgia Administrative Procedure Act approved March 10, 1964 (Ga. Laws 1964, p. 33'8). (g) In addition to the other penalties provided by this Section, the Secretary of State may bring a civil action in the county of the residence of the defendant cemetery to enjoin any violation or threatened violation of this Section or any rule, regulation, or order issued by the Secretary of State under this Section.' " By adding in line 13 of page 1, following the semicolon after the word "violations", the following: "to except and exclude from the licensing provisions of this 1944 JOURNAL OF THE HOUSE, Act those cemeteries holding a certificate of regulation from the Secretary of State which sell no burial supplies and equipment other than underground crypts or vaults and to provide separately for various matters as to sales of certain merchandise by the said cemeteries and to make various provisions as to trust funds, re ports, audits, administration, penalties and enforcement as to such cemeteries and as to sales of merchandise by such cemeteries;". By renumbering Section 7 and Section 8 as Section 8 and Section 9, respectively. The following amendment to the Oxford-Larsen-Vaughn amendment was read: Mr. Harrison of the 116th moves to amend the Oxford-LarsenVaughn amendment to HB 1676 by striking the figure "35%" in lines 10 and 17 of page 2 and inserting in lieu thereof, "50%". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Groover Harrison Hutchinson Ritchie 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 Bennett Berlin Berry Blackshear Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, W. Dean, Gib Dean, N. Dent Dickey Dorminy Duke Edwards Egan Elliott Evans Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Grahl Grantham Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hatcher Hawes WEDNESDAY, FEBRUARY 13, 1974 1945 Hays Hill, G. Horton, G. T. Horton, W. L. Howard Howell Hudson Irvin, J. Irvin, R. Irwin, J. R. Jessup Johnson Jones Jordan Karrh Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Toles Townsend Triplett Tucker Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Alexander, W. H. Bohannon Brantley, H. L. Carr Davis, E. T. Dean, J. E. Dixon Dollar Ellis Ezzard Fraser Gignilliat Hill, B. L. King McDonald Northcutt Patten, R. L. Petro Smith, J. R. Thomason Thompson Turner Twiggs Mr. Speaker On the adoption of the amendment, the ayes were 5, nays 151. The amendment was lost. The Oxford-Larsen-Vaughn amendment was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. 1946 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carr Carrell Castleberry Chance Clark Coleman Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hatcher 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. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Twiggs Vaughn Waddle Walker Wall Wamble WEDNESDAY, FEBRUARY 13, 1974 1947 Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Brantley, H. L. Carlisle Cole Dean, J. E. Dollar Ezzard Foster Fraser Harrison Hill, B. L. King Patten, R. L. Petro Ritchie Smith, J. R. Thomason Turner Mr. Speaker On the passage of the Bill, as amended, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration: HB 1751. By Messrs. Williams of the 9th and Pinkston of the 89th: A Bill to be entitled an Act to comprehensively and exhaustively revise, classify, consolidate, modernize and supersede the present laws relating to banks and banking (except for portions thereof dealing with branch banking and bank holding companies), banks and trust companies, credit unions, sale of checks, international banking corporations and bank agencies, business development corporations, building and loan associations, savings and loan associations, and similar entities; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berry 1948 Blackshear Bond Bostick Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carrell Castleberry Clark Cole Coleman Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Duke Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Fraser Geisinger Gignilliat Grahl Grantham JOURNAL OF THE HOUSE, Greer Groover Hamilton Harden Harris, J. F. Harris, J. R. Hatcher Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hutchinson Irvin, R. Jessup Johnson Jones Jordan Keyton Kreeger Lambert Lane, W. J. Lee Levitas Lewis Lowrey Marcus Mason Matthews, D. R. McCracken McDaniell McDonald McKinney Miles Morgan Mulherin Mullinax Nix Northcutt Odom Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Phillips, L. L. Pinkston Rainey Roach Rogers Rush Russell, J. Russell, W. B. Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Thompson Townsend Triplett Tucker Vaughn Wall Wamble Ware Wheeler, Bobby Whitmire Williams Willis Wood Those voting in the negative were Messrs.: Adams, John Atherton Bohannon Carlisle Carr Chance Colwell Dean, N. Dorminy Floyd, L. R. Harrington Hill, G. Hudson Irwin Karrh Knight Larsen, G. K. Larsen, W. W. Logan Mauldin Nessmith Ritchie Ross Strickland Sweat Wheeler, J. A. Wilson, J. M. Wilson, M. L. WEDNESDAY, FEBRUARY 13, 1974 1949 Those not voting were Messrs.: Adams, J. H. Berlin Brantley, H. H. Brantley, H. L. Bray Collins, M. Dean, J. E. Dollar Ezzard Foster Harrison Hill, B. L. Irvin, J. King Lane, Dick Matthews, C. Milford Moyer Noble Oxford Patten, R. L. Reaves Sams Stephens Thomason Toles Turner Twiggs Waddle Walker Mr. Speaker On the passage of the Bill, the ayes were 121, nays 28. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1751 was ordered immediately transmitted to the Senate. 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 announced the House adjourned until 9:30 o'clock, tomorrow morning. 1950 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Thursday, February 14, 1974 The House met pursuant to adjournment at 9:30 o'clock, A. M., this day and was called to order by the Speaker. Prayer was offered by the Reverend Dr. J. Randolph Taylor, Pastor, Central Presbyterian Church, Atlanta, Georgia. By unanimous consent, the call of the roll was dispensed with. Mr. Mauldin of the 13th, Chairman of the Committee on Journals, reports 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. Mr. Phillips of the 103rd served notice, pursuant to House Rule 1'40, that at the next regular meeting day of the House he will submit a motion instructing the Committee on Ways and Means to report the following Resolutions of the House and Senate back to the House: HR 34-113. By Messrs. Alien of the 108th, Phillips of the 103rd, Dorminy of the 115th and others: A Resolution proposing an amendment to the Constitution to provide for the methods for assessment of farm, forest and other open space lands which will promote the preservation of their existing use and further providing that property within municipal city limits shall be assessed according to its current use; and for other purposes. SR 5. By Senators Starr of the 44th, Hamilton of the 26th, McDuffie of the 19th and others: A Resolution proposing an amendment to the Constitution so as to provide for a homestead exemption from all ad valorem taxation for State, county and county school purposes except ad valorem taxation to pay interest on an retire bonded indebtedness; to provide for the submission of this amendment for ratification or rejection; and for other purposes. THURSDAY, FEBRUARY 14, 1974 1951 By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. The following report of the Committee on Rules was read and adopted: Mr. Speaker: Your Committee on Rules met and fixed the calendar for Thursday's business, February 14, 1974, and submits the following: HB 60. Motor Carrier, Define Term (Postponed) HB 104. Motor Carriers, Corporate Limits HB 127. Criminal Cases, Jury Verdict HR 41- 135. Justices and Judges; Terms HR 574. Spewrell Bluff Dam Project HB 1011. Counties & Cities, Local Income Tax HB 1012. Counties & Cities, Local Sales Tax HB 1332. Detention Facilities, Minimum Standards HB 1364. Counties, Stds. for Budget, Audit HB 1390. University System, Member Armed Forces Tuition HB 1407. Jury Duty, Females Rights & Liabilities HB 1465. Credit Union Dep. Ins. Corp. HB 1507. Penal & Criminal Statutes, Emergency, Gov. HB 1508. Motor Vehicle Flashing Blue Lights HB 1509. Interstate Civil Defense & Disaster Compact HB 1528. Demand for Trial, Held in Abeyance HB 1542. Peace Officers Stds. Council; Quorum HB 1543. Peace Officers Stds. Council; Composition 1952 JOURNAL OP THE HOUSE, HB 1557. Billiard Rooms, Intoxicating Liquors (Postponed) HB 1572. Judges & Justices; Transfer HB 1601. Examining Boards, Classes of Applicants HB 1614. Motor Vehicle MFG Whlsers. Div., Licensing HB 1616. Human Resources Comm., Delegate Powers HR 542-1634. New Constitution, Proposing HB 1665. Consumer Rebate or Disc., Buyer Leads HR 561-1682. Veteran, Disabled, Homestead Exemption HR 562-1682. Disable Veteran, Widow, Homestead Exemption HB 1731. Conservation Rangers Classes of Employees HB 1764. Criminal Justice Commission, Create HB 1892. State Properties Code; Amend HB 1893. State Properties Code; Lease or Contracts HR 634-1893. Lease-Air Rights; Governor Amendments SB 117. D. A. Emeritus & D. A. Retirement Fund SB 153. Insurance; Physician and Doctor SB 227. Area Planning and Development Comm. Contracts SB 326. Pardons and Parole, aged and disabled inmates SB 477. Senatorial Districts, Relative to SB 495. Uniform Narcotic Drug Act SB 513. Health Insurance Fund, Investment of Funds The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire. Respectfully submitted, /s/ Lambert of 97th Lambert of the 97th, Vice-Chairman By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees: HB 2036, By Mr. Dixon of the 126th: A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff and the ordinary of Charlton County from a fee sytsem to a salary system, so as to change the provisions relative to deputy sheriffs; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. THURSDAY, FEBRUARY 14, 1974 1953 HB 2037. By Mr. Dixon of the 126th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for the County of Charlton, so as to provide for a five-member board of commissioners; to provide for elec tion posts; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2038. By Mr. Castleberry of the 96th: A Bill to be entitled an Act to repeal an Act providing that in certain counties of this State the Clerk of the Superior Court shall attend the trial in the Court of Ordinary of all cases for violation of traffic laws within said counties; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2039. By Messrs. Colwell and Twiggs of the 4th: A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Rabun County, so as to remove the limit of compensation for the Supervisor of Roads; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2040. By Messrs. Strickland and Harrison of the 116th: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2041. By Mr. McDonald of the 12th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jefferson, so as to correct the legal description of the corporate boundaries; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2042, By Messrs. McDonald of the 12th and Irvin of the 10th: A Bill to be entitled an Act to consolidate the offices of Tax Receiver 1954 JOURNAL OF THE HOUSE, and Tax Collector of Banks County into the office of Tax Commissioner of Banks County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2043. By Messrs. Harrison and Strickland of the 116th: A Bill to be entitled an Act to amend an Act to abolish the present mode of compensating the clerk of the superior court and the tax commissioner of Jeff Davis County, so as to change the salary of the clerk of the superior court and tax commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2044. By Messrs. Harrison and Strickland of the 116th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court and the Tax Commissioner of Jeff Davis County on an annual salary, so as to change the provisions relative to the compen sation of the personnel employed by the clerk of the superior court; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2045. By Messrs. Harrison and Strickland of the 116th: A Bill to be entitled an Act to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the salary of the sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2046. By Messrs. Harrison and Strickland of the 116th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Jeff Davis County on a salary, so as to change the provisions relating to compensation of certain personnel in the sheriff's office; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2047. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale in the County of Clayton in the State of Georgia, so as to THURSDAY, FEBRUARY 14, 1974 1955 clarify the provisions relating to the election of the mayor and council by majority vote; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2048. By Messrs. Chance of the 112th, Triplett of the lllth, Alien of the 108th, Hill of the 110th, Ellis of the 107th, Gignilliat of the 105th, and Jones of the 109th: A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, 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 2049. By Messrs. Mason of the 59th and Wall of the 61st: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Gwinnett County, as amended, in order to permit the Chairman of the Board of Commissioners to hold another public office, provided said office is not elective; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2050. By Messrs. Mason of the 59th and Wall of the 61st: A Bill to be entitled an Act to amend an Act known as the "Gwinnett County Water and Sewerage Authority Act", so as to provide for the membership and for the appointment of members of the Authority and their terms of tenure and compensation; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2051. By Mr. Triplett of the lllth: A Bill to be entitled an Act to amend an Act establishing a new charter for Garden City, so as to extend the corporate limits of said city and annex and incorporate certain additional land into said city; and for purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 689-2051. By Messrs. Mason of the 59th and Wall of the 61st: A Resolution proposing an amendment to the Constitution empowering the Board of Commissioners of Gwinnett County to license and regulate 1956 JOURNAL OF THE HOUSE, businesses and levy a license tax on businesses in Gwinnett County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HR 690-2051. By Messrs. King of the 85th, Moyer of the 99th, Waddle of the 98th, Walker of the 100th, Adams of the 84th, Matthews of the 122nd, Lane of the 76th, Harrison of the 116th, Hutchinson of the 114th and others: A Resolution proposing an amendment to the Constitution so as to create a Comprehensive State Tax Revision Study Committee; and for other purposes. Referred to the Committee on Rules. HR 691-2051. By Messrs. King of the 85th, Berlin, Brown, Dickey and Pinkston of the 89th: A Resolution proposing an amendment to the Constitution so as to change the site of the State Capitol; and for other purposes. Referred to the Committee on Rules. HR 693-2051. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Hill of the 110th, Jones of the 109th, Alien of the 108th, Chance of the 112th, Triplett of the lllth: A Resolution proposing an amendment to the Constitution so as to authorize the governing authorities of Chatham County to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2052. By Mr. Connell of the 80th: A Bill to be entitled an Act to provide for a special street and road construction and maintenance district within Richmond County; to authorize the governing authority to exercise the power of taxation within such district in order to meet the costs of providing such services; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. THURSDAY, FEBRUARY 14, 1974 1957 HR 694-2052. By Messrs. Kreeger of the 21st, McDaniell of the 20th, Nix of the 20th, Howard and Wilson of the 19th, Duke of the 20th, Atherton of the 19th and Burruss of the 21st: A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to redefine the education districts of the Cobb County School District; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2053. By Messrs. Collins of the 45th, Geisinger of the 44th, Burton of the 47th, Davis of the 56th, Elliott of the 49th, Petro of the 46th and others: A Bill to be entitled an Act to create the DeKalb County Oglethorpe Housing Foundation; to provide for a short title; to provide for legisla tive findings and declaration of necessity; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2054. By Mr. Sweat of the 125th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Atkinson County upon an annual salary, so as to authorize the governing authority of Atkinson County to fix the com pensation of the deputy clerk of the Clerk of the Superior Court of Atkinson County; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2055. By Mr. Sweat of the 125th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Atkinson County, so as to authorize the Tax Commis sioner of Atkinson County to employ a clerk; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. HB 2056. 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, so as to increase the rate of mileage by which the sheriff, his deputies, and his clerk are reimbursed; to in crease the amount paid per day for the feeding of prisoners; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. 1958 JOURNAL OF THE HOUSE, HB 2057. By Mr. Sweat of the 125th: A Bill to be entitled an Act to amend an Act providing a supplemental salary for the Ordinary of Atkinson County, so as to change the sup plemental salary of the Ordinary of Atkinson County; 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 1999. By Mr. Ross of the 72nd: A Bill to be entitled an Act to amend an Act placing certain of the county officers of Wilkes County upon an annual salary, so as to change the compensation of the deputy clerk of the superior court; and for other purposes. HB 2000. By Messrs. Harris and Thomason of the 8th: A Bill to be entitled an Act to reincorporate the City of Cartersville in the County of Bartow; to create a new charter for said city; and for other purposes. HB 2001. By Mr. Larsen of the 102nd: A Bill to be entitled an Act to provide that no policy or contract of group accident, group health or group accident and health insurance shall be issued or delivered in this State, unless such policy or contract shall provide for reimbursement for any service which is within the lawful scope of practice of a duly licensed practicing psychologist which shall be administered to a person covered under any such policy for such service; and for other purposes. HB 2002. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th: A Bill to be entitled an Act to amend an act fixing the compensation of and for the members of the Board of Commissioners of Floyd County, so as to change the provision for an expense allowance for the chairman and other members of the Board of Commissioners of Floyd County; and for other purposes. HB 2003. By Mr. Harrison of the 116th: A Bill to be entitled an Act to amend an Act creating and establishing a Board of Funeral Service, so as to require that an applicant for le- THURSDAY, FEBRUARY 14, 1974 1959 cense as a funeral director possess a valid license to practice embalming; and for other purposes. HB 2004. By Mr. Morgan of the 70th: A Bill to be entitled an Act to amend Code Section 109A-4-104, relating to definitions under Article 4 of the Uniform Commercial Code, so as to change the definition of the word "item"; and for other purposes. HB 2005. By Messrs. Dent of the 78th, Miles of the 79th, Sams of the 83rd, Beckham of the 82nd, Connell of the'80th and Mulherin of the 81st: A Bill to be entitled an Act to amend the charter of the City of Augusta, incorporated as the Council of Augusta, so as to allow the members of council to succeed themselves in office; and for other purposes. HB 2006. By Messrs. Wheeler and Grantham of the 127th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alma, so as to change the provisions relating to salaries of certain municipal officers; and for other purposes. HB 2007. By Messrs. Knight and Mullinax of the 65th: A Bill to be entitled an Act to amend Code Title 9, relating to attorneys at law, so as to require all persons seeking admission to the bar to take an examination; to repeal provisions relating to admission by comity; and for other purposes. HB 2008. By Messrs. Knight and Mullinax of the 65th: A Bill to be entitled an Act to amend an Act establishing the State Court of Coweta County (formerly Civil and Criminal Court of Coweta County and City Court of Newnan), so as to change the salary of the judge and solicitor of said court; and for other purposes. HB 2009. By Messrs. 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 Franklin, so as to provide for the selection of the clerk and other employees by the mayor and council; and for other purposes. HB 2010. By Messrs. Jessup, Larsen and Coleman of the 102nd: A Bill to be entitled an Act to amend an Act providing for a new charter of the City of Cochran, so as to make certain clarifying amend ments thereto; and for other purposes. 1960 JOURNAL OF THE HOUSE, HB 2011. 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 if any elective officer of the City of Cochran shall qualify for any other elective office with out first resigning his present elective office, said office shall be im mediately vacated and shall be filled as provided by law; and for other purposes. HB 2012. By Messrs. Pearce and Buck of the 87th, Thompson, and Berry of the 86th and King of the 85th: A Bill to be entitled an Act to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, so as to change certain costs of said court; and for other purposes. HB 2013. By Messrs. Wood, Whitmire and Williams of the 9th: A Bill to be entitled an Act to require all taxes due to the State of Georgia on taxable property in Hall County, other than motor vehicles, and all taxes due to Hall County on taxable property in Hall County, other than motor vehicles, to be paid in two equal installments; to pro vide that at least one-half of the total amount of such taxes shall be paid between July 1 and August 1 and that the balance shall be paid by December 1; and for other purposes. HR 674-2013. By Messrs. Wood, Whitmire and Williams of the 9th: A Resolution proposing an amendment to the Constitution so as to en large and change the power of the General Assembly in relation to the system and administration of taxation and public revenue in Hall County, by authorizing the General Assembly to prescribe by law the time for making levies and assessments, the manner in which tax bills and notices shall be prepared, the number, form and content of tax bills and notices; and for other purposes. HR 675-2013. By Mr. Matthews of the 122nd: A Resolution compensating Mr. William L. Ramsey; and for other pur poses. HB 2014. By Messrs. Busbee, Hatcher, Hutchinson and Odom of the 114th: A Bill to be entitled an Act to amend an Act creating the City Court of Albany, so as to change the name of said court; to change the juris diction thereof; to provide for six-man juries for the trial of criminal offenses; and for other purposes. THURSDAY, FEBRUARY 14, 1974 1961 HR 677-2014. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th, Triplett of the lllth, Alien of the 108th, Blackshear of the 106th and Chance of the 112th: A Resolution proposing an amendment to the Constitution so as to create the Downtown Savannah Authority; and for other purposes. HR 678-2014. By Messrs. Hatcher, Hutchinson, Odom and Busbee of the 114th: A Resolution authorizing the State Librarian to furnish the new Judge of the Superior Court of the Dougherty Judicial Circuit with certain books; and for other purposes. HB 2015. By Messrs. Sams of the 83rd, Miles of the 79th, Dent of the 78th, Connell of the 80th, Mulherin of the 81st, Lewis of the 77th: A Bill to be entitled an Act to amend an Act providing for the appoint ment 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, so as to repeal the provision creating the position of associate judge of said State Courts; and for other purposes. HB 2016. By Messrs. Sams of the 83rd, Miles of the 79th, Dent of the 78th, Connell of the 80th, Mulherin of the 81st, and Lewis of the 77th: A Bill to be entitled an Act to amend an Act creating a Richmond County Board of Tax Assessors, so as to provide for the powers of said board; to provide for returns required by taxpayers; and for other purposes. HB 2017. By Messrs. Brown, Coney, Pinkston, Berlin, Dickey and Evans of the 89th: A Bill to be entitled an Act to amend an Act known as the "MaconBibb County Water and Sewage Authority Act", so as to extend the terms of the members of the Authority; and for other purposes. HB 2018. By Messrs. Matthews and Collins of the 122nd: A Bill to be entitled an Act to recreate the Board of Commissioners of Colquitt County; to provide for Commissioner districts; and for other purposes. HB 2019. By Messrs. Matthews and Collins of the 122nd: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Moultrie, so as to provide that all municipal elections shall be held and conducted in accordance with the provisions of Code 1962 JOURNAL OF THE HOUSE, Title 34A, the Georgia Municipal Election Code, as the same is now or hereafter amended; and for other purposes. HB 2020. By Messrs. Carlisle and Brown of the 67th: A Bill to be entitled an Act to abolish the office of treasurer of Fayette County; to provide that the board of commissioners of Fayette County shall appoint depositories for county funds; and for other purposes. HB 2021. By Mr. Russell of the 62nd: A Bill to be entitled an Act to reincorporate the City of Winder in the County of Barrow; to create a new charter for said city; and for other purposes. HB 2022. By Messrs. Reaves, Patten and Bennett of the 124th: A Bill to be entitled an Act to provide for a referendum election on the question of reapportioning the Commissioner Districts of Brooks County; and for other purposes. HB 2023. 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 Grayson in Gwinnett County, so as to change the name of said town to the City of Grayson; to change the provisions relative to the term of office of the mayor; and for other purposes. HB 2024. By Messrs. Mason of the 59th and Wall of the 61st: A Bill to be entitled an Act to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the judge of said court; and for other purposes. HR 679-2024. By Messrs. Carlisle and Brown of the 67th: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Spalding County and every mu nicipality and board of education located in said county to enter into leases for a term not exceeding 20 years for land, buildings or facilities, or any combination thereof, to be used for governmental or educational purposes; and for other purposes. HR 680-2024. By Messrs. Carlisle and Brown of the 67th: A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Fayette County and every mu- THURSDAY, FEBRUARY 14, 1974 1963 nicipality and board of education located in said county to enter into leases for a term not exceeding 20 years for land, buildings or facilities, or any combination thereof, to be used for governmental or educational purposes; and for other purposes. HR 681-2024. By Mr. Wamble of the 120th: A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from ad valorem taxa tion property of nonprofit homes for the aged which is used in connec tion with the operation of such homes and the providing of housing and care for residents of such homes; and for other purposes. HR 682-2024. By Messrs. Mason of the 59th and Wall of the 61st: A Resolution proposing an amendment to the Constitution empowering the board of commissioners of Gwinnett County to impose speed limits on all public roads and streets in the unincorporated area of Gwinnett County, to establish weight limits on bridges, on public roads and streets in the unincorporated area of Gwinnett County; to establish truck routes along public roads; and for other purposes. HR 683-2024. By Messrs. Rainey of the 115th, Hays of the 1st, Peters of the 2nd, Alien of the 108th and Grahl of the 88th: A Resolution directing the Department of Natural Resources to in vestigate the feasibility of assuming control of Lake Tobesofkee as a State Park; and for other purposes. HB 2025. By Messrs. Coney, Brown, Berlin, Pinkston and Dickey of the 89th: A Bill to be entitled an Act to create the Macon-Bibb County Urban Development Authority; to establish said Authority as a public body corporate and politic; and for other purposes. HB 2026. 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 salry in lieu of the fee system of compensation, so as to change the compensation of the ordinary; and for other purposes. HB 2027. By Mr. Tucker of the 69th: A Bill to be entitled an Act to authorize the Board of Commissioners of Henry County to assess and collect license fees upon certain business activities conducted within Henry County; and for other purposes. 1964 JOURNAL OF THE HOUSE, HR 685-2027. By Messrs. Coney, Brown, Berlin, Pinkston, Evans and Dickey of the 89th: A Resolution proposing an amendment to the Constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, monies, and services directly, or through the Macon-Bibb County Urban Development Au thority, for the purposes of acquiring, constructing, improving, altering, repairing and maintaining properties within Bibb County, so as to develop and redevelop urban, central city and downtown areas located within the County of Bibb; and for other purposes. HB 2028. By Mr. Connell of the 80th: A Bill to be entitled an Act to provide for a special police protection district within Richmond County; to authorize the governing authority to exercise the power of taxation within such district in order to meet the costs of providing such protection; and for other purposes. HB 2029. By Messrs. Miles of the 79th and Sams of the 83rd: A Bill to be entitled an Act to amend an Act pertaining to the adminis tration of taxing laws, and, particularly, compromise settlements of suits, so as to provide for the release of property subject to a state tax lien in certain circumstances; and for other purposes. HR 687-2029. By Messrs. Lane and Nessmith of the 76th: A Resolution proposing an amendment to the Constitution so as to provide that the School Superintendent of the Bulloch County School System shall be appointed by the Bulloch County Board of Education rather than elected by the voters of the Bulloch County School District; and for other purposes. HB 2030. By Messrs. Horton of the 43rd, Alexander of the 39th, Marcus of the 26th and Brown of the 34th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Atlanta, so as to authorize the city to negotiate and execute leases and other agreements with individuals, firms and corporations whereby such individuals, firms or corporations shall have the right to regulate and control public streets, public alleys and ways and the usage thereof .in the historic zone of the city; and for other purposes. HB 2031. By Mr. Tucker of the 69th: A Bill to be entitled an Act to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to change the corporate limits of said city; and for other purposes. THURSDAY, FEBRUARY 14, 1974 1965 HB 2032. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to provide for the compensation of the sheriff of all counties in the State having a population of not less than 10,600 and not more than 10,900; and for other purposes. HB 2033. By Messrs. Davis of the 56th, Jordan of the 58th, Collins of the 45th, Harris of the 51st, Russell of the 53rd, Floyd of the 56th, Burton of the 47th, Noble of the 48th, Geisinger of the 44th and others: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of DeKalb County, so as to provide that if any member of the Board of Commissioners of DeKalb County shall qualify for nomina tion or election to any other elective office, his position of membership on the Board shall be vacated; and for other purposes. HB 2034. By Mr. Dean of the 17th: A Bill to be entitled an Act to amend an Act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission, so as to create the position of assistant forest ranger in all Forestry Districts in this State; to provide that assistant forest rangers shall be governed by the rules and regulations of the State Merit System; and for other purposes. HB 2035. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to change the provisions relating to the election of the mayor and council; and for other purposes. SB 444. By Senator Johnson of the 38th: A Bill to be entitled an Act to define and regulate the profession of court reporting; to require a certificate of proficiency for each court reporter practicing in the State of Georgia; to create a State Board of Court Reporting and define its powers; and for other purposes. SB 520. By Senator Coverdell of the 40th: A Bill to be entitled an Act to provide requirements relative to local retirement, pension and emeritus systems; to provide for definitions; to provide for certain reports to the State Auditor; to provide for the designation of actuaries and for certain administrative costs; and for other purposes. SB 594. By Senators Brown of the 47th and Zipperer of the 3rd: A Bill to be entitled an Act to amend Code Section 95A-961, relating 1966 JOURNAL OP THE HOUSE, to the issuance of permits allowing motor vehicles to exceed the weight, width, length or height limitations imposed by law, so as to provide that such permits may be issued for motor vehicles which are trans porting loads which can be dismantled; and for other purposes. SB 599. By Senator Rowan of the 8th: A Bill to be entitled an Act to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for the issuance, reissuance, or renewal of any driver's license; and for other purposes. SB 610. By Senator Herndon of the 10th: A Bill to be entitled an Act to provide that a specific devise of realty shall pass subject to any security deed or lien existing against the said property at the date of death of the testator, without right of ex oneration; and for other purposes. SB 611. By Senator Herndon of the 10th: A Bill to be entitled an Act to amend Code Section 88-508.2 of the Georgia Health Code, relating to payment of members of the examining committee and the attorney appointed to represent the patient; and for other purposes. SB 491. By Senators Parker of the 31st, Langford of the 51st, Overby of the 49th and others: A Bill to be entitled an Act to provide that real property devoted to the commercial production of food or cotton shall constitute a separate class of tangible property for ad valorem tax purposes; to provide for the assessment and taxation of such property; and for other purposes. SB 626. By Senator Wasden of the 2nd: A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to provide for investigative grand juries; to provide for the super vision and termination of investigative grand juries; and for other purposes. SB 641. By Senator Lester of the 23rd: A Bill to be entitled an Act to amend Code Section 92-5702, relating to the meaning of "fair market value", so as to provide that the tax assessors shall consider certain criteria in determining fair market value of real property; and for other purposes. THURSDAY, FEBRUARY 14, 1974 1967 SB 643. By Senators Stephens of the 36th, Garrard of the 37th and Langford of the 51st: A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, so as to provide that certain fraudulent attempts to obtain or the actual fraudulent obtaining of refunds are unlawful; 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 Appropriation has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 502-1475. Do Pass. HR 631-1889. Do Pass. HR 315-1180. Do Pass. HR 543-1650. Do Pass, as Amended. HR 538-1633. Do Pass, as Amended. Respectfully submitted, Floyd of the 5th, Chairman. Mr. Brown of the 67th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: Your Committee on Health & Ecology has had under consideration the follow ing Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 612. Do Pass, as Amended. Respectfully submitted, Brown of the 67th, Chairman. Mr. Mullinax of the 65th District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the 1968 JOURNAL OF THE HOUSE, following Bill of the House and has instructed me to report the same back to the back to the House with the following recommendation: HB 1963. 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 15. Do Pass, by Substitute. Respectfully submitted, Moyer of the 99th, Secretary. 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1279. Do Pass, by Substitute. Respectfully submitted, Smith of the 74th, 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- THURSDAY, FEBRUARY 14, 1974 1969 ing Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 22. Do Pass, by Substitute. HB 1637. Do Pass, as Amended. Respectfully submitted, Smith of the 74th, Chairman. 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 and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations: HB 1606. Do Pass, by Substitute. HB 1850. Do Pass. HB 1998. Do Pass. SB 471. Do Pass. HR 518-1556. Do Pass. HR 488-1416. Do Pass. Respectfully submitted, Lambert of the 97th, Vice-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 the same back to the House with the following recommenda tions : HR 635-1897. Do Pass, by Substitute. HR 636-1897. Do Pass, by Substitute. HR 628-1884. Do Pass, by Substitute. HR 595-1777. Do Pass. 1970 JOURNAL OF THE HOUSE, HR 575-1734. Do Pass, by Substitute. SB 482. Do Pass, by Substitute. HR 658-1942. Do Pass. HB 1340. Do Pass by Substitute. Respectfully submitted, Toles of the 16th, Secretary. 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 and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: SB 615. Do Pass. SB 316. Do Pass. HB 1689. Do Pass. SB 642. Do Pass. HR 512-1512. Do Not Pass. HR 481-1389. Do Pass. HB 1823. Do Pass. SR 79. Do Pass. SB 454. Do Pass, by Substitute. HB 1290. Do Pass. Respectfully submitted, Howell of the 118th, Chairman. Mr. Levitas of the 50th District, Chairman of the Committee on State Plan ning & Community Affairs submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs (Local Legislation) has had under consideration the following Bills and Resolutions of the House THURSDAY, FEBRUARY 14, 1974 1971 and has instructed me to report same back to the House with the following recommendations: HB 1527. Do Pass. HB 1863. Do Pass. HB 1870. Do Pass. HB 1883. Do Pass, by Substitute. HB 1926. Do Pass. HB 1931. Do Pass. HB 1955. Do Pass. HB 1958. Do Pass. HB 1960. Do Pass. HB 1965. Do Pass. HB 1966. Do Pass. HB 1967. Do Pass. HB 1968. Do Pass. HB 1973. Do Pass. HB 1976. Do Pass. HB 1977. Do Pass. HB 1978. Do Pass. HB 1979. Do Pass. HB 1980. Do Pass. HB 1984. Do Pass. HB 1985. Do Pass. HB 1986. Do Pass. HB 1987. Do Pass. HB 1993. Do Pass. HB 1994. Do Pass. HB 1919. Do Pass. HR 541-1634. Do Pass, by Substitute. HR 668-1972. Do Pass. HR 672-1984. Do Pass. Respectfully submitted, Levitas of the 50th, Chairman. 1972 JOURNAL OF THE HOUSE, Mr. Matthews of the 62nd District, Chairman of the Committee on University System of Georgia, submitted the following report: Mr. Speaker: Your Committee on University System of Georgia has had under considera tion the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 480. Do Pass, as Amended. 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 Bills of the House and has instructed me to report same back to the House with the following recommendations: HB 1095. Do Pass, as Amended. HB 1101. Do Pass, by Substitute. HB 1415. Do Pass, by Substitute. HB 1596. Do Pass. HB 1765. Do Pass. Respectfully submitted, Wamble of the 120th, Chairman. By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 1927. By Messrs. Wall of the 61st and Russell of the 62nd: A Bill to be entitled an Act to amend Code Section 92-4101, relating to limitation on cities' right of taxation, so as to include the City of Auburn as one of the cities and towns to which the prohibition of the Code Section does not apply; and for other purposes. THURSDAY, FEBRUARY 14, 1974 1973 The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1928. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act creating a board of com missioners of Butts County, so as to provide an expense allowance for each commissioner; to increase the amount of merchandise which may be purchased or sold without advertising for bids; and for other pur poses. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1929. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act placing the treasurer of Butts County upon an annual salary, so as to change the compensation of the treasurer; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1930. By Mr. Carrell of the 71st: A Bill to be entitled an Act to create and establish a Small Claims Court in and for each county of the State having a population of not 1974 JOURNAL OF THE HOUSE, less than 22,830 and not more than 23,500; to prescribe the jurisdiction of said court; to prescribe the pleading and practice 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 1932. By Mr. Collins of the 122nd: A Bill to be entitled an Act to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the provisions relating to the compensation of the chairman and members of the Board of Commissioners of Mitchell County; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1933. By Mr. Irwin of the 113th: A Bill to be entitled an Act to amend the charter of the Town of Shellman in Randolph County, so as to provide for recall elections; to provide special elections for filling vacancies; and for other purposes. The report of the Committee, which was favorable to the pascage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 14, 1974 1975 HB 1935. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act placing the coroner of Butts County upon an annual salary, so as to change the compensation of the coroner; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1936. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Butts County upon an annual salary, so as to change the compensation of the Deputy Sheriffs of Butts County; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1937. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Barnesville, so as to change the terms of office of the Mayor and councilmen; to change the date on which the municipal election is conducted; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1976 JOURNAL OF THE HOUSE, HB 1938. By Messrs. Smith and Adams of the 74th: A Bill to be entitled an Act to provide for the submission and approval of annual budgets for the office of the sheriff in certain counties of this State (population of not less than 23,480 and not more than 23,565) ; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1939. By Messrs. Cole of the 6th, Turner of the 3rd: A Bill to be entitled an Act to create a board of elections in certain counties (population of not less than 51,000 and not more than 55,110) ; to provide for the appointment, terms and qualifications of 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1943. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County; so as to change the maximum salary which the tax commissioner may be paid; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. THURSDAY, FEBRUARY 14, 1974 1977 The Bill, having received the requisite constitutional majority, was passed. HB 1944. By Mr. Ritchie of the llth: A Bill to be entitled an Act to amend an Act abolishing the fee system and providing an annual salary for the Ordinary of Habersham County, so as to change the provisions relative to the clerk of the ordinary; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1946. By Messrs. Coleman, Jessup and Larsen of the 102nd: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Eastman, so as to provide that all obligations or debts of the city shall be paid only upon warrants or vouchers; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1948. By Messrs. Connell of the 80th, Miles of the 79th, Sams of the 83rd, Dent of the 78th, Mulherin of the 81st and Beckham of the 82nd: A Bill to be entitled an Act to amend Code Section 23-2304, relating to burial of paupers, so as to increase the maximum allowable burial ex penses for paupers in certain counties (population of not less than 160,000 nor more than 165,000) and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. 1978 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 1949. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said sheriff; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1950. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the Ordinary of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the ordinary; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1951. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Fayette County, so as to 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, FEBRUARY 14, 1974 1979 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1952. By Messrs. Brown and Carlisle of the 67th: A Bill to be entitled an Act to amend an Act incorporating the Town of Tyrone, so as to change the corporate limits of the town; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1957. By Messrs. Atherton of the 19th, McDaniell of the 20th, Howard of the 19th, Nix and Duke of the 20th and Kreeger of the 21st: A Bill to be entitled an Act to change the boundaries of the seven Educa tion Districts of the Cobb County School District; to provide for educa tion 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1964. By Mr. Bray of the 66th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Talbot County on an annual salary, so as to change the provisions relating to the expenses of the sheriff's office; and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. 1980 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 1883. By Mr. Gignilliat of the 105th: A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah; and for other pur poses. The following Committee substitute was read and adopted: A BILL To be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah; to provide for a referendum; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA: Section 1. That from and after the effective date hereof, the City limits of the City of Savannah, known as the "Mayor and Alder men of the City of Savannah", in addition to all the territory, land and improvements, now included in the corporate limits of the City of Savannah shall be extended to include all of the territory, land and improvements located within the following described boundaries, to-wit: "Beginning at the intersection of the western right-of-way line of Abercorn Street Extension and the northern right-of-way line of Montgomery Crossroads; thence in a northerly direction along the limits of the City of Savannah to its intersection with Howard Foss Drive; thence in a southwesterly direction along the center line of Howard Foss Drive and Central Avenue to its intersection with the extension of the northern right-of-way line of Montgomery Crossroads; thence in a westerly direction along the center of the right-of-way of Montgomery Crossroads to its point of beginning. Beginning at the existing Savannah City limits at its inter section with 52nd Street extended (Mills B. Lane Blvd.) and run ning thence westwardly along said 52nd Street extended to the easterly right-of-way of Edwin Street; thence northwardly along the easterly right-of-way of said Edwin Street to a point north of 48th Street, the northern boundary of Feiler Terrace Subdivision; thence in an easterly direction to the east right-of-way line of a county canal; thence in a northerly direction along the east right- THURSDAY, FEBRUARY 14, 1974 1981 of-way line of said county canal to its intersection with Victory Drive; thence along the southerly right-of-way of Victory Drive in a westerly direction to the north right-of-way line of Highway 17; thence along said northerly right-of-way line of said Highway 17 to the northerly right-of-way line of the main line of the Seaboard Coastline railway; thence in a northerly direction along the said northerly right-of-way line of said Seaboard Coastline Railway main line to its intersection with Lynes Parkway; thence northwardly along the easterly right-of-way of said Lynes Parkway to Inter state Highway 16 and continuing along the right-of-way of said Interstate Highway 16 to its intersection with the Savannah city limits. Beginning at the existing Savannah city limits at Derenne Avenue and Lynes Parkway and thence westward and northwardly along the north and east right-of-way of Lynes Parkway to 52nd Street extended; thence eastwardly along the south right-of-way of said 52nd Street extended to the right-of-way of the Seaboard Coast line Railway; thence southward along the west right-of-way of said Seaboard Coastline right-of-way to the present city limits of Savannah. Beginning at a point on the existing boundary line of the City of Savannah approximately 100' north of the northern right-of-way line of Mississippi Avenue; thence in an easterly direction along a line parallel to Mississippi Avenue to its intersection with the eastern right-of-way line of South Carolina Avenue; thence in a southerly direction along the eastern right-of-way line of South Carolina Avenue to its intersection with the northern right-of-way line of Louisiana Avenue; thence in a westerly direction along the northern right-of-way line of Louisiana Avenue to its intersection with the western right-of-way line of North Carolina Avenue; thence southerly along the western right-of-way line of North Carolina Avenue to its intersection with the northern right-of-way line of Texas Avenue; thence in a westerly direction along the northern right-of-way line of Texas Avenue to its intersection with the existing Savannah City limits. Beginning at the intersection of the northern right-of-way line of Bonaventure Road and the present limits of the City of Savannah; thence in an easterly direction along the northern right-of-way line of Bonaventure Road and the Thunderbolt City limits to its inter section with the boundary line of Bonaventure Cemetery; thence along the boundary line of Bonaventure Cemetery and the Greenwich portion thereof, returning to the point of beginning." Section 2. No real property located within the areas annexed to the City of Savannah by Section 1 of this Act shall be subject to taxation by the Mayor and Aldermen of the City of Savannah until January 1, 1975, and on the following basis: When water and sewage service has been furnished to a property owner, said property owner may be taxed to the extent of 33-1/3% of the normal tax; when garbage disposal and police protection have been furnished, an addi tional 33-1/3% may be collected; and when fire protection and street lighting have been furnished, 33-1/3% of the normal taxes may be col- 1982 JOURNAL OF THE HOUSE, lected. Water and sewer rates being charged residents of Chatham County in areas outside the city limits of Savannah, as such limits existed on January 1, 1974, by the City of Savannah, shall continue in said areas as described in Section 1 of this Act until such time as real property in said areas becomes subject to taxation. Section 3. Upon the approval of an election as provided in Section 4 of this Act and certification of said election by the Board of Elections of Chatham County, persons residing in areas defined in Section 1 of this Act shall have all the rights, privileges and responsibilities as other residents of the City of Savannah, except as otherwise provided by this Act. Section 4. Not less than 5 nor more than 10 days after the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the Board of Elections of Chatham County to issue the call for an election for the purpose of submitting this Act to the voters residing outside of the corporate limits of the City of Savannah as the city limits existed on January 1, 1974, but within the areas proposed to be annexed under the provisions of Section 1 of this Act for approval or rejection. Only those voters residing in such areas who are registered voters of the County and who are qualified to vote for members of the General Assembly of Georgia shall be eligible to vote in said election. It shall be the duty of the Board of Elections of Chatham County to compile a list of the registered voters of the County residing within the areas to be annexed to the city limits of Savannah under the provisions of Section 1 of this Act. The Board of Elections shall set the date of such election for a day not less than 30 nor more than 40 days after the date of the issuance of the call. The Board of Elections shall cause the date and purpose of the election to be pub lished once a week for two weeks immediately preceding the date there of, in the official organ of Chatham County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act changing the corporate limits of ( ) NO the City of Savannah 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 total number of 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 Savannah. It shall be the duty of the Board of Elections of Chatham County to hold and conduct such election. It shall hold such election under the same laws and rules and regulations as govern special elections except as provided herein. The Board of Elections is hereby authorized to establish one or more special polling places for the conduct of said election. It shall be the duty of the Board of Elections to canvass the returns and declare and certify the results of the election. It shall be its further duty to certify the result thereof to the Secretary of State. Section 5. In the event any section, subsection, sentence, clause or THURSDAY, FEBRUARY 14, 1974 1983 phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged in valid or unconstitutional. 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 1527. By Mr. Matthews of the 62nd: A Bill to be entitled an Act to amend an Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, so as to provide that any present or future employee of the Department of Urban Renewal of the City of Athens shall be entitled to an option as to whether or not to participate in or decline coverage under the Pension Plan of the City of Athens; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1863. By Messrs. Lewis and McCracken of the 77th: A Bill to be entitled an Act to amend an Act creating the Small Claims Court of Burke County, so as to change the provisions relative to the supplies and materials necessary for the operation of said court; and for other purposes. 1984 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1870. By Mr. Peters of the 2nd: A Bill to be entitled an Act to amend an Act incorporating the City of Ringgold, so as to change the corporate limits of the City of Ringgold; to change the provisions relating to the compensation 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 1926. By Messrs. Wall of the 61st and Russell of the 62nd: A Bill to be entitled an Act to amend an Act to create a new charter for the Town of Auburn, so as to change the corporate limits of said town; to change the residency requirement for voting in the elec tions of said town; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1931. By Mr. Collins of the 122nd: A Bill to be entitled an Act to create the Hinsonton Water Authority; and for other purposes. THURSDAY, FEBRUARY 14, 1974 1985 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1955. By Messrs. Bennett, Patten and Reaves of the 124th: A Bill to be entitled an Act to amend an Act incorporating the Town of Remerton, so as to change the name of the Town of Remerton to the City of Remerton; to change the provisions relating to the election of the mayor and council; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1958. By Messrs. Patten and Bostick of the 123rd: A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the Sheriff of Cook County known as the fee system and providing in lieu thereof an annual salary, so as to change the provision relating to reimbursing the sheriff for expenses incurred in feeding prisoners; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1960. By Messrs. Sams of the 83>rd, Connell of the 80th, Beckham of the 82nd, Mulherin of the 81st, Dent of the 78th and Miles of the 79th: A Bill to be entitled an Act to amend an Act creating a board of com- 1986 JOURNAL OF THE HOUSE, missioners of roads and revenues for the County of Richmond, so as to change the term of the grand jury of Richmond County which shall submit each year to the governing authority of Richmond County a list of three certified public accounting firms from which the firm which shall audit the county offices is chosen; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1965. By Mr. Bray of the 66th: A Bill to be entitled an Act to amend an Act providing for the compensa tion of the chairman and members of the Board of Commissioners of Meriwether County, so as to change the compensation of the Chairman and members of the Board of Commissioners of Meriwether County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1966. By Mr. Oxford of the 101st: A Bill to be entitled an Act to amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, so as to permit the judge of said court to practice law in any court except the State Court of Sumter County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 14, 1974 1987 HB 1967. By Messrs. Ware, Mullinax and Knight of the 65th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville in the County of Troup, so as to extend the corporate limits of the city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1968. By Messrs. Snow of the 1st, Floyd of the 5th, Cole and Foster of the 6th: A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Lookout Mountain Judicial Circuit, so as to change the salary of said court reporter; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1973. By Messrs. Irvin of the 10th, Ritchie of the llth and Twiggs of the 4th: A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Courts of the Mountain Judicial Circuit as applied to the official court reporter in felony cases and providing compensation and salary for said official court reporter for attendance upon court in felony cases in the Superior Courts and for reporting and transcribing felony cases, so as to change the compensation of the court reporter; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. 1988 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1976. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the office of tax commissioner, so as to change the provisions relative to the com pensation of the assistants for the tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1977. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the superior court of Bulloch County, so as to change the provisions relative to the compensation of the deputy clerk and other assistants to the clerk; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1978. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Bulloch County, so as to change the provisions relative to clerical assistants; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. THURSDAY, FEBRUARY 14, 1974 1989 The Bill, having received the requisite constitutional majority, was passed. HB 1979. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act providing an annual salary for the ordinary of Bulloch County, so as to change the provisions relative to the amount allowed for clerical help; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1980. By Messrs. Lane and Nessmith of the 76th: A Bill to be entitled an Act to amend an Act placing the sheriff of Bul loch County on an annual salary, so as to change the provisions relative to the compensation of the sheriff's deputies; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1984. By Messrs. Miles of the 79th, Sams of the 83rd, Dent of the 78th, Connell of the 80th, Mulherin of the 81st: 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 population of not less than 145,000 and not more than 165,000, so as to change the compensation provisions relative to em ployees in the sheriff's office; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 1990 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 1985. By Mr. Tucker of the 69th: A Bill to be entitled an Act to provide for a new Board of Commis sioners of Henry County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1986. By Mr. Tucker of the 69th: A Bill to be entitled an Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Henry County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1987. 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 an nual salary, so as to change the compensation of the tax commissioner of Henry County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. THURSDAY, FEBRUARY 14, 1974 1991 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1993. By Messrs. Dorminy and Hudson of the 115th: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court of Worth County on a salary basis, so as to change the compensation of said officer; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1994. By Messrs. Dorminy and Hudson of the 115th: A Bill to be entitled an Act to provide an annual salary for the sheriff of each county in this State having a population of not less than 14,000 nor more than 15,000, to provide a procedure for fixing said salary; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 660-1942. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th: A RESOLUTION Proposing an amendment to the Constitution so as to create the Douglasville-Douglas County Stadium Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. 1992 JOURNAL OF THE HOUSE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article XI of the Constitution is hereby amended by adding at the end thereof a new Section IV, to read as follows: "Section IV. Douglasville-Douglas County Stadium Authority. Paragraph I. Douglasville-Douglas County Stadium Author ity.--There is hereby created a body corporate and politic to be known as the Douglasville-Douglas County Stadium Authority, and which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of seven members. One of the initial members shall be appointed by the Douglas County Board of Education, and may or may not be a member of the board, and shall serve for an initial term of office of three years. One of the initial members shall be appointed by the governing authority of Douglas County, and shall serve for an initial term of office of two years, and two of the initial members shall be appointed by the governing authority of Douglas County, and shall serve for initial terms of office of three years each. One of the initial members shall be appointed by the governing authority of the City of Douglasville, and shall serve for an initial term of office of one year, and one of the initial members shall be appointed by the governing authority of the City of Douglasville, and shall serve for an initial term of office of two years. The six members so appointed shall appoint the seventh member who shall serve for an initial term of office of three years. All members shall serve for their respective terms of office and until their respective successors are duly ap pointed and qualified. Following the terms of office of the initial members, successors shall be appointed by the members of the Au thority immediately prior to the expiration of the terms of office of members. All members shall take office on the first day of January, with the initial members taking office on January 1, 1975. Follow ing the terms of office of the initial members, the term of office of all members shall be for three years. Members of the Authority may succeed themselves. In the event of the death, resignation, removal, disability or vacancy from any other cause the members of the Authority shall appoint a successor for the remainder of the unexpired term of office. The members of the Authority shall elect one of their number as chairman, another as vice-chairman, and may also elect a secretary-treasurer, who need not necessarily be a member of the Authority. The chairman and vice-chairman, and secretary-treasurer shall serve for a period of one (1) year and until their successors are THURSDAY, FEBRUARY 14, 1974 1993 appointed and qualified. Four (4) members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority. The chairman of the Authority shall not be entitled to vote upon any issue, motion or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question. The members of the Authority shall serve without compensation provided that all members shall be reimbursed for their actual ex penses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Members of the Authority shall give bond in the amount of $10,000 each, payable to the Authority and conditioned upon the faithful discharge of their duties. The costs of such bonds shall be paid from the funds of the Authority. Members may be removed for cause by proper action brought in the Superior Court of Douglas County. Paragraph II. Definitions.--As used in this Section, the fol lowing words or terms shall have the following meanings: (a) The word 'Authority' shall mean the Douglasville-Douglas County Stadium Authority created by this Section. (b) The word 'Project' shall be deemed to mean a stadium facility to be used for athletic contests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other public entertainments; together with parking facilities or parking areas in connection therewith, related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities. (c) The term 'Cost of the Project' shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one (1) year after completion of construction, cost of engineer ing, architectural and legal expenses, and of plans and specifica tions, and other expenses necessary or incident to the financing herein authorized, or the construction of any project, the placing of the same in operation, and the condemnation of property neces sary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Section for such project. (d) The term 'Revenue Bonds', 'Bonds' and 'Obligations' as 1994 JOURNAL OF THE HOUSE, used in this Section, shall mean revenue bonds as defined and pro vided for in the Revenue Bond Laws of Georgia (Ga. Laws 1957, p. 36), amending the law formerly known as the 'Revenue Certificate Law of 1937' (Ga. Laws 1937, p. 761), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for in this Section. (e) Any project shall be deemed 'self-liquidating' if in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Paragraph III. Powers.--The Authority shall have powers: (a) to have a seal and alter the same at its pleasure; (b) to accept gifts, grants and donations; (c) to acquire by purchase, lease or otherwise, and to hold, lease and dispose of, real and personal property, of every kind and character for its corporate purposes; (d) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all exist ing laws applicable to the condemnation of property for public use, real property, or rights of easements therein, or franchises neces sary or convenient for its corporate purposes, and to use the name so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Section except from the funds provided under the authority of this Section, and in any proceedings to condemn, such orders may be made by the court having juris diction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Section upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encum brance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority upon payment to the general fund of the State, the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority; (e) to appoint, select and employ officers, agents and em- THURSDAY, FEBRUARY 14, 1974 1995 ployees, including engineering, architectural and construction ex perts, fiscal agents and attorneys, and fix their respective com pensations ; (f) to make contracts, leases, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases or projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements, with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, author ity is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facil ities by the Authority to such municipal corporations and counties for a term not exceeding fifty (50) years; (g) to construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Author ity or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (h) to accept loans and grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (i) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) to establish charges, rates and regulations for users of the facilities and services of the Authority; (k) to do all things necessary or convenient to carry out the powers expressly given in this Section. Paragraph IV. Revenue Bonds.--The Authority, or any au thority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the Au thority, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times not exceeding 40 years 1996 JOURNAL OF THE HOUSE, from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution provid ing for the issuance of bonds. Paragraph V. Same; form; denominations; registration; place of payment.--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. The bonds may be issued in coupon or registered form, or both, as the Authority may determine. Provisions may be made for the regis tration of any coupon bond as to principal alone and also as to both the principal and interest. Paragraph VI. Same; signatures; seal.--In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had re mained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Author ity shall be affixed thereto and attested by the secretary of the Au thority and any coupons attached thereto shall bear the facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Paragraph VII. Same; negotiability; exemption from taxation. --All revenue bonds issued under the provisions of this Section shall have and are hereby declared to have all the qualities and in cidents of negotiable instruments under the laws of this State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Paragraph VIII. Same; sale; price.--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. Paragraph IX. Same; proceeds of bonds.--The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds may in like manner be issued, to provide the amount THURSDAY, FEBRUARY 14, 1974 1997 of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, shall be deemed to be of the same, and shall be entitled to payment from the same fund, without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the funds, hereinafter provided, for the payment of principal and interest of such bonds. Paragraph X. Same; interim receipts and certificates or temporary bonds.--Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, in terim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Paragraph XI. Same; replacement of lost or mutilated bonds. --The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. Paragraph XII. Conditions precedent to issuance; object of issuance.--Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions and things which are specified or required by this Section. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Section shall become ef fective immediately upon its passage 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. Paragraph XIII. Credit not pledged.--Revenue bonds issued under the provisions of this Section shall not be deemed to constitute a debt of the State of Georgia, Douglas County or the City of Douglasville or a pledge of the faith and credit of said State, County, or City, but such bonds shall be payable solely from the funds here inafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently, obligate the said State, County or City to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Paragraph. Paragraph XIV. Same; trust indenture as security.--In the discretion of the Authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights 1998 JOURNAL OF THE HOUSE, and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and ap plication of all monies, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Paragraph XV. Same; to whom proceeds of bonds shall be paid.--The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Section and such resolution or trust indenture may provide. Paragraph XVI. Same; sinking funds.--The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged, for whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the neces sary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds THURSDAY, FEBRUARY 14, 1974 1999 shall be subject to such regulations as may be provided in the resolu tion authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolu tion or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forth with be cancelled and shall not again be issued. Paragraph XVII. Same; remedies of bondholders.--Any hold er of revenue bonds issued under the provisions of this Section or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, or under such resolution or trust indenture, and may en force and compel performance of all duties required by this Section or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Paragraph XVIII. Same; refunding bonds.--The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Section and then outstanding, together with accrued interest thereon. The is suance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provision of this Section insofar as the same may be applicable. Paragraph XIX. Same; exemption from taxation; covenant of State.--It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Section, and this State covenants with the holders of the bonds that the Authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervisions or upon its activities in the operation or maintenance of the projects erected by it or any fees, tolls or other charges for the use of such projects 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. Paragraph XX. Same; venue and jurisdiction.--Any action to 2000 JOURNAL OF THE HOUSE, protect or enforce any rights under the povisions of this Section or any suit or action against such Authority shall be brought in the Superior Court of Douglas County, Georgia, and any action pertain ing to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Paragraph XXI. Same; validation.--Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for services and facilities of the project for which bonds are to be issued and sought t6 be validated, and such municipality, county, authority, sub division, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Au thority issuing the same, and any municipality, county, authority, subdivision or instrumentality contracting with the said Douglasville-Douglas County Stadium Authority. Paragraph XXII. Same; interest of bondholders protected.-- While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, 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 rights and interests of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Section shall be for the bene fit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Paragraph XXIII. Purpose of the Authority.--Without limit ing the generality of any provisions of this Section, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating a stadium fa cility for athletic contests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other enter tainments, and parking facilities and parking areas in connection therewith; for acquiring, constructing, equipping, maintaining and operating recreational centers and areas, including but not limited to gymnasium and athletic facilities, parking facilities or areas in connection therewith and related buildings and the usual and con venient facilities appertaining to such undertakings; the extension and improvement of such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real THURSDAY, FEBRUARY 14, 1974 2001 property, and to do any and all things deemed by the Authority necessary, convenient and desirable for and incident to the efficient and proper development and operation of such types of under takings. Paragraph XXIV. Rates; charges and revenues; use.--The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and, in anticipation of the col lection of the revenues and income of such undertakings or projects, is authorized to issue revenue bonds as herein provided to finance, in whole or in part the cost of the acquisition, construction, recon struction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and in come of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto, thereafter made or the sale of any of its lands and facilities. Paragraph XXV. Rules and regulations for operation of proj ects.--It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Section. Paragraph XXVI. Tort immunity.--The Authority shall have the same immunity and exemption from liability for torts and negligence as Douglas County and the City of Douglasville; and the officers, agents and employees of the Authority when in the performance of the work of the Authority shall have the same . immunity and exemption from liability for torts and negligence as the officers, agents and employees of Douglas County and the City of Douglasville when in the performance of their public duties or work. Paragraph XXVII. Powers declared supplemental and ad ditional.--The foregoing paragraphs of this Section shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers not existing. Paragraph XXVIII. Liberal construction of Section.--This Section being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. 2002 JOURNAL OF THE HOUSE, The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to create ( ) NO the Douglasville-Douglas County Stadium Author ity?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs^ Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Irvin, J Irvin, R. Jessup Johnson Jones Jordan Karrh Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. THURSDAY, FEBRUARY 14, 1974 2003 Larsen, W. W. Lee Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Blackshear Brantley, H. L. Burton Collins, S. Coney Daugherty Dean, J. E. Dean, N, Dollar Dorminy Elliott Ezzard Floyd, J. H. Geisinger Hamilton Harris, J. R. Harrison Horton, W. L. Hutchinson Irwin, J. R. King Levitas Lewis Marcus McCracken Morgan Noble Patten, G. C. Phillips, G. S. Shepherd Thomason Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. HR 661-1947. By Messrs. Dean of the 60th and Mason of the 59th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that residents of the City of Sugar Hill who are 62 years of age or over, 2004 JOURNAL OF THE HOUSE, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VII, Paragraph IV, of the Constitution is hereby amended by adding at the end thereof the following: "Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Sugar Hill who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said residents, exceeding $5,000.00 per annum, and each resident of the City of Sugar Hill who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Sugar Hill as long as any such resident of the City of Sugar Hill actually occupies said homestead as his residence. Pro vided, however, under this provision, there shall be no more than one (1) $2,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Sugar Hill. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Sugar Hill, or with a person designated by the governing authority of the City of Sugar Hill, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Sugar Hill, or the person designated by the governing authority of the City of Sugar Hill, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Sugar Hill, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1974." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide that residents of the City of Sugar Hill who are THURSDAY, FEBRUARY 14, 1974 2005 ( ) NO 62 years of age or over, or who are totally dis abled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. 2006 Larsen, W. W. Lee Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson JOURNAL OF THE HOUSE, Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Blackshear Brantley, H. L. Burton Collins, S. Coney Daugherty Dean, J. E. Dean, N. Dollar Dorminy Elliott Ezzard Floyd, J. H. Geisinger Hamilton Harris, J. R. Harrison Horton, W. L. Hutchinson Irwin, J. R. King Levitas Lewis Marcus McCracken Morgan Noble Patten, G. C. Phillips, G. S. Shepherd Thomason Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. HR 662-1958. By Messrs. Coney, Evans, Dickey, Berlin, Pinkston and Brown of the 89th: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the compensation of the elective members of the Board of Public Edu- THURSDAY, FEBRUARY 14, 1974 2007 cation and Orphanage of Bibb County and to authorize the General Assembly to hereafter provide by local law for such compensation without the necessity of any such local law being approved in a referendum election thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VIII, Section V, Paragraph II of the Constitu tion is hereby amended by adding at the end thereof the following paragraph: "Any other provisions of this Paragraph II to the contrary notwithstanding, the elective members of the Board of Public Edu cation and Orphanage of Bibb County, that is, those members from Posts 1 through 8, shall each be compensated in the amount of $250.00 per month, which shall be payable from the funds of said Board of Public Education. Hereafter, the General Assembly shall be authorized to provide by local law for the compensation of any members of said Board of Public Education, and any such local law need not be conditioned upon approval by a majority of the qualified voters of the Bibb County school district voting in a referendum election thereon." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to pro vide for the compensation of the elective members ( ) NO of the Board of Public Education and Orphanage of Bibb County and to authorize the General Assembly to hereafter provide by local law for such compensation without the necessity of any such local law being approved in a referendum election thereon?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. 2008 JOURNAL OP THE HOUSE, On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood THURSDAY, FEBRUARY 14, 1974 2009 Those not voting were Messrs.: Blackshear Brantley, H. L. Burton Collins, S. Coney Daugherty Dean, J. E. Dean, N. Dollar Dorminy Elliott Ezzard Floyd, J. H. Geisinger Hamilton Harris, J. R. Harrison Horton, W. L. Hutchinson Irwin King Levitas Lewis Marcus McCracken Morgan Noble Patten, G. C. Phillips, G. S. Shepherd Thomason Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. HR 663-1958. By Messrs. Mason of the 59th and Wall of the 61st: A RESOLUTION Proposing an amendment to the Constitution so as to provide that residents of Gwinnett County who are totally disabled shall be granted a homestead exemption of $4,000.00 from all ad valorem taxation by said County; to provide for the submission of this amendment for ratification or rejection; and for. other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "Each resident of Gwinnett County who is totally disabled is hereby granted an exemption of $4,000.00 on his homestead from all County ad valorem taxation as long as any such resident of said County actually occupies said homestead as his residence. Any such resident shall not receive the benefit of such homestead exemp tion unless he, or through his agent, files an affidavit with the Tax Commissioner of said County giving such information relative to receiving the benefit of such exemption as will enable said Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. Applications for such homestead exemption shall be processed in the same manner as other applica tions for homestead exemption, and the provisions of law applicable thereto, as the same now exist or as may hereafter be amended, shall apply thereto, except as otherwise provided herein. The Tax Commissioner of Gwinnett County shall provide affidavit forms 2010 JOURNAL OF THE HOUSE, for this purpose. No homestead shall be subject to more than one exemption as provided for herein, and the value of the homestead in excess of the above exempted amounts shall remain subject to ad valorem taxation by Gwinnett County. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1974." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to pro vide that residents of Gwinnett County who are ( ) NO totally disabled shall be granted a homestead exemption of $4,000.00 from all ad valorem taxa tion by said County?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh Keyton Knight THURSDAY, FEBRUARY 14, 1974 2011 Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Blackshear Brantley, H. L. Burton Collins, S. Coney Daugherty Dean, J. E. Dean, N. Dollar Dorminy Elliott Ezzard Floyd, J. H. Geisinger Hamilton Harris, J. R. Harrison Horton, W. L. Hutchinson Irwin King Levitas Lewis Marcus McCracken Morgan Noble Patten, G. C. Phillips, G. S. Shepherd Thomason Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. 2012 JOURNAL OF THE HOUSE, The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. HR 664-1958. By Messrs. Mason of the 59th and Wall of the 61st: A RESOLUTION Proposing an amendment to the Constitution so as to provide that residents of the City of Snellville who are 65 years of age or over or who are totally disabled shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "Each resident of the City of Snellville who is 65 years of age or over and each resident of the City of Snellville who is totally disabled is hereby granted an exemption of $2,000.00 on his homestead from ad valorem taxation by the City of Snellville as long as any such resident of the City of Snellville actually occupies said homestead as his residence. Any such resident shall not receive the benefit of such homestead exemption unless he files an affidavit with the governing authority of the City of Snellville, or with a person designated by the governing authority of the City of Snell ville, giving his age and such additional information relative to receiving the benefit of such exemption as will enable the governing authority of the City of Snellville, or the person designated by the governing authority of the City of Snellville, to make a determination as to whether such owner is entitled to such exemp tion. Such affidavit shall be filed at the time or times specified by ordinance or resolution of the City of Snellville. The governing authority of the City of Snellville, or the person designated by said governing authority, shall provide affidavit forms for this purpose. No homestead shall be subject to more than one exemption as provided for herein, and the value of the homestead in excess of the above exempted amounts shall remain subject to ad valorem taxation by the City of Snellville. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1974." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: THURSDAY, FEBRUARY 14, 1974 2013 "( ) YES Shall the Constitution be amended so as to pro vide that residents of the City of Snellville who ( ) NO are 65 years of age or over or who are totally disabled shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh Keyton Knight Kreeger Lambert -Lane, Dick Lane, W. J. Larsen, G. K. 2014 Larsen, W. W. Lee Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson JOURNAL OF THE HOUSE, Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J, A. Whitimre Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Blackshear Brantley, H. L. Burton Collins, S. Coney Daugherty Dean, J. E. Dean, N. Dollar Dorminy Elliott Ezzard Floyd, J. H. Geisinger Hamilton Harris, J. R. Harrison Horton, W. L. Hutchinson Irwin King Le vitas Lewis Marcus McCracken Morgan Noble Patten, G. C. Phillips, G. S. Shepherd Thomason Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 665-1960. By Messrs. Moyer of the 99th, Waddle of the 98th and Walker of the 100th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the Board of Education of Houston County to make grants for the THURSDAY, FEBRUARY 14, 1974 2015 purpose of educating or training certain handicapped citizens of Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VIII, Section XIII, Paragraph I of the Constitu tion is hereby amended by adding a new paragraph at the end thereof to read as follows: "Beginning January 1, 1976, the Board of Education of Houston County shall be authorized to grant to the parents or guardians, or directly to the private educational institution, of any educable or trainable mentally retarded or hearing impaired or physically handicapped resident of Houston County, who is 25 years of age or less, a grant when such resident is attending a private educa tional institution. Such grants shall be made from the funds raised for the maintenance and support of the public educational system of Houston County. The Board of Education of Houston County shall establish minimum standards which must be maintained by private educational institutions which are attended by such residents in order for the applicant for such a grant to be entitled to receive same. In addition, the Board of Education is authorized to establish and promulgate such rules and regulations as they deem necessary relating to the administration of this paragraph." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize the Board of Education of Houston ( ) NO County to make grants for the purpose of edu cating and training certain handicapped citizens of Houston County?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. 2016 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, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Colemap Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood THURSDAY, FEBRUARY 14, 1974 Those not voting were Messrs.: Blackshear Brantley, H. L. Burton Collins, S. Coney Daugherty Dean, J. E. Dean, N. Dollar Dorminy Elliott Ezzard Floyd, J. H. Geisinger Hamilton Harris, J. R. Harrison Horton, W. L. Hutchinson Irwin King Levitas Lewis Marcus McCracken Morgan Noble Patten, G. C. Phillips, G. S. Shepherd Thomason Mr. Speaker 2017 On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. HR 666-1965. By Messrs. Duke of the 20th, Howard and Atherton of the 19th, McDaniell and Nix of the 20th, Kreeger and Burruss of the 21st: A RESOLUTION Proposing an amendment to the Constitution so as to create the Board of Elections of Cobb County and to provide for a Superintendent of Elections; to provide for the submission of this amendment for rati fication or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: "A. There is hereby created in Cobb County the Board of Elections of Cobb County which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in said County. B. (a) The Board of Elections of Cobb County shall be com posed of five members, each of whom shall be an elector and resi dent of said County appointed by the governing authority of Cobb County. (b) There shall be a Superintendent of Elections of Cobb County who shall be appointed by the governing authority of Cobb County from a list of three names submitted to said governing au thority by the Board of Elections of Cobb County. In the event said 2018 JOURNAL OF THE HOUSE, governing authority rejects all persons named on the list submitted by said Board of Elections, said Board of Elections shall submit a list of three additional names until a Superintendent of Elections is appointed by said governing authority. (c) The initial appointment of the members of the Board of Elections shall be for terms as follows: two members shall be ap pointed for terms of two years and three members shall be ap pointed for terms of four years. Thereafter, successors shall be ap pointed for terms of four years, beginning with the expiration of the respective terms of office, and until their successors are ap pointed and qualified. The Superintendent of Elections shall serve at the pleasure of the governing authority of Cobb County. (d) The Board of Elections shall elect, by majority vote, one of their own number to serve as Chairman of said Board who shall preside at meetings of said Board. The Chairman shall serve for such term as the Board of Elections shall provide by rules or regu lations of said Board. C. No person who holds elective public office shall be eligible to serve as a member of said Board of Elections or as Superin tendent of Elections during the term of such elective office, and the position of any member or of the Superintendent of Elections shall be deemed vacant upon such member or said Superintendent qualifying as a candidate for elective public office. D. The appointment of each member of said Board of Elec tions and said Superintendent of Elections shall be made by the governing authority of Cobb County filing an affidavit with the Clerk of the Superior Court of Cobb County, no later than thirty (30) days preceding the date at which such member is to take of fice, stating the name and residential address of the person ap pointed and certifying that such member or Superintendent of Elections has been duly appointed as provided herein. The Clerk of the Superior Court shall record each of such certifications on the minutes of the Court and shall certify the name of each such mem ber and the Superintendent of Elections to the Secretary of State and provide for the issuance of appropriate commissions to the members and Superintendent within the same time and in the same manner as provided by law for registrars. E. Each member of the Board of Elections shall be eligible to succeed himself for one term and shall have the right to resign at any time by giving written notice of his resignation to the govern ing authority of Cobb County and to the Clerk of the Superior Court of Cobb County, and shall be subject to removal from the Board of Elections at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for re moval of registrars. F. In the event a vacancy occurs in the office of any member of the Board of Elections before the expiration of his term, by re moval, death or resignation, or otherwise, the governing authority THURSDAY, FEBRUARY 14, 1974 2019 of Cobb County shall appoint a successor to serve the remainder of the unexpired term. The Clerk of the Superior Court of Cobb County shall be notified of interim appointments and record and certify such appointments, in the same manner as the regular appointment of said members. G. The first members of the Board of Elections and the Super intendent of Elections created hereunder shall take office on April 1, 1975. Before entering upon his duties, each member and said Superintendent of Elections shall take substantially the same oath as required by law for registrars and shall have the same privi leges from arrest. H. The Board of Elections shall, with regard to the preparation for conduct and administration of primaries and elections, succeed to and exercise all duties and powers granted to and incumbent upon the Ordinary of Cobb County pursuant to Title 34 of the Code of Georgia, as now or hereafter amended, and any other applicable provisions of law. With regard to the registration of electors, the Board of Elections shall succeed to and exercise all of the powers, duties and responsibilities granted to and incumbent upon the Board of Registrars of Cobb County pursuant to Title 34 of the Code of Georgia, as now or hereafter amended, or any other provi sion of law. I. The Board of Elections shall be responsible for the selection, appointment and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists pro vided the Board by the county executive committee of each political party. The Board of Elections shall be authorized to employ not less than two full-time employees and such other employees as the governing authority shall approve. J. Effective April 1, 1975, the Ordinary and the Board of Reg istrars of Cobb County shall be relieved from all powers and duties to which the Board of Elections succeeds as provided herein, and they shall deliver thereafter to the Superintendent of Elections, upon his written request, the custody of all equipment, supplies, materials, books, papers, records and facilities of every kind per taining to such powers and duties. Also, at such time, the Board of Registrars of Cobb County shall be abolished. K. The Superintendent of Elections shall be the chief executive office of the Board of Elections and shall generally supervise, di rect and control the administration of the affiars of the Board of Elections pursuant to law and duly adopted resolutions of the Board of Elections. The Board of Elections shall fix and establish by appropriate resolution entered on its minutes, directives govern ing the execution of matters within its jurisdiction. L. The compensation of the Superintendent of Elections and clerical assistants and other employees of the Board of Elections shall be such as may be fixed by the governing authority of Cobb 2020 JOURNAL OF THE HOUSE, County. Such compensation, when so fixed, shall be paid in equal monthly installments from the funds of Cobb County. M. The governing authority of Cobb County shall provide the Board of Elections with proper and suitable offices. N. The Board of Elections shall have the authority to contract with any municipality located within Cobb County for the holding of any primary or election by the Board to be conducted within the municipality. O. As used herein, the words 'election', 'elector', 'political party', 'primary', 'public office', 'special election', and 'special pri mary' shall have the same meaning ascribed to those words by Code Section 34-103 of the Code of Georgia of 1933, as amended, un less the context clearly requires otherwise. P. The Cobb County executive committee of the political party whose candidates at the last preceding general election received the largest number of votes in this State for members of the Gen eral Assembly and the Cobb County executive committee of the political party whose candidates at the last preceding general elec tion received the next largest number of such votes shall each have the right to appoint a representative to attend meetings of the Cobb County Board of Elections herein created. Q. The General Assembly is hereby authorized to provide by local Act for the modification or revision of the membership of the Board of Elections created herein and for the modification or revi sion of the powers and duties of said Board of Elections, but no such local Act may abolish said Board of Elections. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to create the Board of Elections of Cobb County and to provide ( ) NO for a Superintendent of Elections?" 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. THURSDAY, FEBRUARY 14, 1974 2021 The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett 2022 Tucker Turner Twiggs Vaughn Waddle Walker JOURNAL OF THE HOUSE, Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Blackshear Brantley, H. L. Collins, S. Coney Daugherty Dean, J. E. Dean, N. Dollar Dorminy Elliott Ezzard Floyd, J. H. Geisinger Hamilton Harris, J. R. Harrison Horton, W. L. Hutchinson Irwin King Levitas Lewis Marcus McCracken Morgan Noble Patten, G. C. Phillips, G. S. Shepherd Thomason Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-third constitutional ma jority, was adopted. HR 667-1965. By Messrs. Nix, McDaniell and Duke of the 20th, Kreeger and Burruss of the 21st and Atherton of the 19th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the governing authorities of Cobb County and of each incorporated municipality located within Cobb County shall pay one-half of the revenues, after deducting administrative costs of not more than ten percent, derived from taxes authorized by 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 the same may now or hereafter be amended, excluding business license fees, on the wholesale and retail sale of alcoholic beverages and liquors to the boards of education of the county or independent school district within the area from which such tax revenues were derived; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: THURSDAY, FEBRUARY 14, 1974 2023 Section 1. Article VIII, Section XII, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following: "From the revenue received from taxes authorized by the 'Rev enue Tax Act to Legalize and Control Alcoholic Beverages and Liquors', approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as the same may now or hereafter be amended, excluding business license fees, on the wholesale and retail sale of alcoholic beverages and liquors which are sold, dispensed or delivered within Cobb County or within any incorporated municipality located within Cobb County, the governing authorities of Cobb County and of each incorporated municipality shall pay one-half of the net revenue collected from such taxes to the board of education of the county or independent school district within the area from which such tax revenues were derived. The funds received from such taxes shall not be included for purposes of calculating the millage rate limitation provided for in this Constitution to be levied for educational pur poses. The monies derived hereunder shall be spent exclusively for educational purposes within the respective school district from which collected. The governing authority of the county and of each municipality located therein shall deduct not more than ten (10) percent as administrative costs for the direct costs of collection of such taxes. Said costs, shall include the salaries of personnel required to administer the legalizing, control, policing, licensing and taxation of such beverages and the costs of supplies, data pro cessing and all other incidental expenses. The term 'net revenue', as used herein, means the total revenues from all taxes, excluding business license fees, on the wholesale and retail sale of such alcoholic beverages and liquors minus administrative costs of not more than ten percent of such revenues. The total revenues before administrative costs are deducted shall include all receipts from the legalizing, controlling and taxing of the sale of alcoholic bever ages and liquors, including but not limited to all interests, costs and fi. fas. on delinquent accounts and shall exclude any business license. The governing authorities shall pay such revenues to the boards of education within SO days of the last day of the month in which such revenues were collected." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to pro vide that the governing authorities of Cobb County ( ) NO and of each incorporated municipality located with in Cobb County shall pay one-half of the revenues, after deducting administrative costs of not more than ten percent, derived from taxes authorized by the 'Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors', approved Febru ary 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as the same may now or hereafter be amended, 2024 JOURNAL OF THE HOUSE, excluding business license fees, on the wholesale and retail sale of alcoholic beverages and liquors to the boards of education of the county or inde pendent school district within the area from which such tax revenues were derived?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee THURSDAY, FEBRUARY 14, 1974 2025 Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Blackshear Brantley, H. L. Collins, S. Coney Daugherty Dean, J. E. Dean, N. Dollar Dorminy Elliott Ezzard Floyd, J. H. Geisinger Hamilton Harris, J. R. Harrison Horton, W. L. Hutchinson Irwin, J. R. King Le vitas Lewis Marcus McCracken Morgan Noble Patten, G. C. Phillips, G. S. Shepherd Thomason Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. HR 541-1634. By Mr. Brown of the 89th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from ad valorem taxa tion certain harvested agricultural products held in Bibb County; to 2026 JOURNAL OF THE HOUSE, provide for the submission of this amendment for ratification or rejec tion; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "The General Assembly may exempt from ad valorem taxation harvested agricultural products which have a planting-to-harvest cycle of 12 months or less which are held in Bibb County for manufacturing or processing purposes, when such products, by their nature, must be cured, stored or processed for a continuous period in excess of two years. Such products shall not be exempt from State ad valorem taxation." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide that the General Assembly may exempt from ad ( ) NO valorem taxation harvested agricultural products which have a planting-to-harvest cycle of 12 months or less which are held in Bibb County for manufacturing or processing purposes, when such products, by their nature, must be cured, stored or processed for a continuous period in excess of two years ?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, pro mote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, by providing that harvested agricultural products which have a planting-to-harvest cycle THURSDAY, FEBRUARY 14, 1974 2027 of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing pur poses, shall be exempt from all ad valorem taxation, except State ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "In order to encourage and enhance overall economic develop ment, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are custo marily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing purposes, shall be exempt from all ad valorem taxation. Such products shall not be exempt from State ad valorem taxation." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide that in order to encourage and enhance overall ( ) NO economic development, increase employment, pro mote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing purposes, shall be exempt from all ad valorem taxation, except State ad valorem taxa tion?" 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. 2028 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.; Adams, G. D. Adams, J. H. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bo stick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker THURSDAY, FEBRUARY 14, 1974 2029 Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Blackshear Brantley, H. L. Collins, S. Coney Daugherty Dean, J. E. Dean, N. Dollar Dorminy Elliott Ezzard Floyd, J. H. Geisinger Hamilton Harris, J. R. Harrison Horton, W. L. Hutchinson Irwin King Levitas Lewis Marcus McCracken Morgan Noble Patten, G. C. Phillips, G. S. Shepherd Thomason Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute. HR 668-1972. By Messrs. Wood, Whitmire and Williams of the 9th: A RESOLUTION Proposing an amendment to the Constitution so as to provide for a Commission of Public Safety for Forsyth County; to provide for the establishment of a county police force and a chief of county police; to provide for the powers of the Sheriff of Forsyth County; to provide for other matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following language: "There is hereby created within the County of Forsyth the Commission of Public Safety, hereinafter referred to as the 'Com mission.' The Commission shall consist of five members to be ap pointed by the governing authority of Forsyth County for four-year terms; provided, however, that three of the initial members shall 2030 JOURNAL OF THE HOUSE, be appointed for two terms so that the terms of office of members of the Commission shall correspond with the terms of office of members of the governing authority. Vacancies shall be filled for the remainder of unexpired terms. It shall be the duty of the Commission to establish a county police force for Forsyth County which shall have the same law enforcement powers, duties and authority as provided for sheriffs of this State. The Commission shall direct, supervise and coordinate the administration and activities of the county police force. The Commission shall appoint a chief of county police who shall be the chief law enforcement officer of the county and who shall have the same powers and duties as provided for sheriffs of this State. The Commission shall appoint such other employees as it shall deem necessary to efficiently and effectively carry out the law enforce ment functions of Forsyth County. The Commission shall, from time to time, recommend to the governing authority of Forsyth County the number of such other employees needed for the county police force and their compensation. However, it shall be within the sole discretion of the governing authority of Forsyth County to determine the number of such other employees and the compensa tion of each. It shall be within the sole discretion of the Commission to designate and name the persons who shall be employed and to remove any of such employees at will. The chief of county police shall prescribe the duties and assignments of such employees unless otherwise provided by the Commission. The necessary operating expenses of the county police force, expressly including the compensation of all employees, shall be paid from any funds of Forgyth County available for such purpose. All supplies, materials, furnishings, furniture, utilities, automobiles and radio equipment as may be reasonably required in discharging the official duties of said county police force shall be furnished by Forsyth County and shall be paid from any funds of Forsyth County available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Forsyth County. The compensation of the members of the Commission shall be set by the governing authority of Forsyth County and paid from county funds available for such purpose. The Sheriff of Forsyth County shall have the same duties as other sheriffs of this State with respect to civil cases in the courts of the county and shall have only such other duties expressly pre scribed by the Commission of Public Safety. All other duties and powers hereinbefore exercised by the Sheriff of Forsyth County, unless otherwise provided by the Commission, shall be exercised by the Chief of County Police of Forsyth 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. THURSDAY, FEBRUARY 14, 1974 2031 The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide for a Commission of Public Safety for Forsyth ( ) NO County, to provide for the establishment of a county police force and a chief of county police, and to provide for the powers of the Sheriff of Forsyth County?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Irvin, J. Irvin, R. Jessup Johnson 2032 Jones Jordan Karrh Keyton Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax JOURNAL OP THE HOUSE, Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Blackshear Brantley, H. L. Collins, S. Coney Daugherty Dean, J. E. Dean, N. Dollar Dorminy Elliott Ezzard Floyd, J. H. Geisinger Hamilton Harris, J. R. Harrison Horton, W. L. Hutchinson Irwin King Levitas Lewis Marcus McCracken Morgan Noble Patten, G. C. Phillips, G. S. Shepherd Thomason Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 672-1968. By Messrs. Brown and Carlisle of the 67th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Spalding County School District THURSDAY, FEBRUARY 14, 1974 2033 who is 62 years of age or over and who has an income from all sources, including the income of all members of the 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 and in behalf of such school system; to provide for the procedures connected with such exemption; 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 IV of the Constitution is hereby amended by adding at the end thereof the following: "The homestead of each resident of the Spalding County School District who is 62 years of age or over and who has an in come from all sources, including the income of all members of the family residing within said homestead, not exceeding $6,000.00 per annum, shall be exempt from all ad valorem taxation for educa tional purposes levied for and in behalf of such school system. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Spalding County, giving the age of the owner, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiv ing the benefits of the exemption granted by this paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. Exemptions granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1974." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide that the homestead of each resident of the Spald- 2034 JOURNAL OF THE HOUSE, ( ) NO ing County School District who is 62 years of age or over and who has an income from all sources, including the income of family members residing within said homestead, not exceeding $6,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dent Dickey Dixon Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Fraser Gignilliat Grahl Grantham Greer Groover Harden Harrington Harris, J. F. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Howard Howell Hudson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh Keyton Knight Kreeger THURSDAY, FEBRUARY 14, 1974 2035 Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald McKinney Miles Milford Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Towsend 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.: Blackshear Brantley, H. L. Collins, S. Coney Daugherty Dean, J. E. Dean, N. Dollar Dorminy Elliott Ezzard Floyd, J. H. Geisinger Hamilton Harris, J. R. Harrison Horton, W. L. Hutchinson Irwin, J. R. King Levitas Lewis Marcus McCracken Morgan Noble Patten, G. C. Phillips, G. S. Shepherd Thomason Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted. SB 582. By Senators Wasden of the 2nd, Zipperer of the 3rd and Riley of the 1st: A Bill to be entitled an Act to amend an Act providing for a board of elections in certain counties, so as to change the jurisdiction of the board of elections; to change the qualifications of members of the board of elections; to repeal conflicting laws; and for other purposes. 2036 JOURNAL OF THE HOUSE, The following committee substitute was read and adopted: A BILL To be entitled an Act to amend an Act providing for a board of elections in certain counties, approved April 18, 1973 (Ga. Laws 1973, p. 3697), so as to change the jurisdiction of the board of elections; to change the qualifications of members of the board of elections; to change the provisions relating to certification of the election of members of the election board; to change the provisions relating to the appointment of the chairman; to change the provisions prohibiting members of the board from presiding over certain primaries, runoffs or general elections; to change the provisions relating to the interim chairman; to change the duties, salary and responsibilities of members of the election board; 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. An Act providing for a board of elections in certain counties, approved April 18, 1973 (Ga. Laws 1973, p. 3697), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. There is hereby created in each county of this State having a population of more than 170,000 and less than 195,000 persons according to the 1970 United States Decennial Census, or any such future census, a board of elections which shall have juris diction over the conduct of general and special elections, referendums, general and special primaries, and runoffs resulting there from in said counties in accordance with the Georgia Election Code, as amended, and State Election Board Rules (Title 34 of the Code of Georgia). Wherever the words 'ordinary' and/or 'superintendent' are used in said Title, it is hereby expressed as the legislative intent to transfer the primary and election duties granted to and incumbent upon the ordinary and/or the superintendent pursuant to Code Title 34 and any other provisions of the law, as now or hereafter amended to the election board herein created, and no further powers are added by this Act." Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The Board of Elections in each of such counties shall be composed of five members, each of whom shall be an elector of said county, a resident of said county for a period of two years, be at least 25 years of age at the time of assuming office and who shall be selected in the following manner: (a) Until the general primary of August, 1974, and until the THURSDAY, FEBRUARY 14, 1974 2037 runoff therefrom, unless a candidate receives a majority of the vote as required by Code Section 34-1513 of said Code, the two parties who received the two highest votes for Governor in the 1970 general election, acting by and through their duly chosen county executive committees holding office at the time of the effective date of this Act, shall appoint two members each to serve on said Board. The persons so appointed shall serve until their successors are chosen in said primary and/or runoff as above set out. Each of said parties shall conduct an election in said primary for two board of election members whose terms of office shall be four years unless the time of the general primary of 1974 shall be changed, in which case his term shall be shortened or lengthened accordingly. Said candidates shall qualify to run in such primary in accordance with the rules prescribed in the Georiga Election Code for political party candidates. The winners of each of said primaries shall become members of said election board upon the certification of said elec tion by the existing election board of said county to the clerk of superior court and the Secretary of State of Georgia and upon his taking an oath of office that is substantially the same as required by oath of office required by law for registrars. (b) The four members appointed to the initial board as pro vided in subsection (a) shall appoint a fifth member, who shall be the chairman of the board. Following the term of such initial chair man, the four successors to the initial members of the board who shall be elected in the general primary of August, 1974, shall like wise elect a fifth member, who shall serve as chairman of the board. The term of office of the chairman shall coincide with the terms of office of the appointed or elected members of the board as provided for in subsection (a). The elected or appointed members of the board provided for in subsection (a) shall appoint the chair man within thirty days following their appointment or election. If, at the end of such thirty-day period, such members shall not have been able to agree upon the appointment of a chairman, the chair man shall be appointed by a committee composed of the senior superior court judge, the chairman of the board of county commis sioners, the judge of the state court, the foreman of the grand jury, and the chairman of the grand jury conference committee. (c) No member of said board of elections so selected or elected shall preside over any general or special primary, election or runoff in which he is a candidate for office other than for the board of elections and has opposition. If a member mentioned in Section 2 (a) above shall be so disqualified, then the parties' executive committee who appointed or elected him shall appoint an interim member who is not a candidate in said primary to serve until the successor is chosen and qualified. If he be the chairman mentioned in Section 2(b) above, the interim appointment shall be chosen by the govern ing authority of said county but no longer than 10 days after the next general primary or runoff if one is necessary. Such interim chairman shall serve until his successor is chosen and qualified. (d) No person who holds elective or appointive office, or is a salaried employee of the governing body of said county or munici pality in said county, or any member of the board of education or 2038 JOURNAL OF THE HOUSE, commission appointed by the governing body or any municipality in said county shall be eligible for appointment or election to the board of elections if he has so served within three months immedi ately preceding his appointment as a member of said Board or within three months immediately preceding his qualifying to run for any position on said board; provided, however, any member of said board shall be eligible for relection to said board. (e) In the event any vacancy shall occur for any reason the party in which such vacancy shall occur shall appoint to fill the unexpired term until the next general primary for the members described in Section 2(a) above and the governing authority of said county shall appoint the chairman described in Section 2(b) above to serve until the next general primary. (f) The members of said board may be removed from office for misfeasance or malfeasance in office on the grounds of and in the manner prescribed for county officers set out in the Constitution of the State of Georgia and the laws of Georgia passed pursuant thereto." Section 3. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: "Section 3. (a) There shall be a chief administrative officer who shall be appointed by the board of elections after it is first constituted. Such person shall be designated 'election supervisor'. Said election supervisor shall possess the same qualifications as provided for board members as is set out above. Said supervisor shall serve at the pleasure of said board, except that said board may not replace him within thirty days of any primary, referen dum or election unless said supervisor resigns or becomes dis qualified as above set out. His duties, salary and responsibilities shall be prescribed by said election board rules and regulations which shall be consistent with the Georgia Election Code, each as described above. (b) The said board shall employ such clerical assistants as is provided for by the governing authority within the budget ap proved as set out in Code Section 34-401 (k), of the said Election Code." Section 4. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: "Section 4. The salary of the chairman of said board shall be not less than $2,400 per annum nor more than $4,800, to be fixed by the governing authority within said limits; the salary of each of the four members described in Section 2(a) above shall not be less than $1,200 nor more than $2,400, to be fixed by the governing authority within said limits. There shall be no fringe benefits pro vided for by said governing authority such as any form of insurance, etc., except for the governing authority's share of United States Social Security payments and the expense of providing said mem- THURSDAY, FEBRUARY 14, 1974 2039 bers with the necessary tax information required by Federal and State laws." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 103, nays 0. 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 by the requisite constitutional majority the following Bills of the Senate and House, to-wit: SB 645. By Senator Rowan of the 8th: A Bill to amend an Act creating a small Claims Court in each county in this State having a population of not less than 11,775 and not more than 12,100 according to the U.S. Decennial Census of 1960 or any future such census, as amended. SB 648. By Senator Rowan of the 8th: A Bill to amend an Act providing a new charter for the Town of Enig ma as amended, so as to change the method of electing the mayor and councilmen. SB 654. By Senator London of the 50th: A Bill to revise the Charter of and to reincorporate the City of Hiawassee in the County of Towns. 2040 JOURNAL OF THE HOUSE, SB 655. By Senator Kidd of the 25th: A Bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to provide that in certain cities and counties the annual license to be charged shall be $2,000. SB 667. By Senators Holley of the 22nd and Lester of the 23rd: A Bill to amend an Act known as the "Augusta-Richmond County Coli seum Authority Act", so as to redefine the word "Project"; to further define the purpose of the Authority. SB 658. By Senator Coggin of the 35th: A Bill to amend an Act known as "The Uniform Standards Code for Mobile Homes Act", so as to change the provisions relating to reciproci ty. HB 1382. By Messrs. Reaves, Patten and Bennett of the 124th: A Bill to provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinary of certain counties. HB 1738. By Mr. Vaughn of the 57th: A Bill to amend an Act placing the Sheriff of Rockdale County upon an annual salary so as to change the compensation of the sheriff's deputies. H"B 1743. By Mr. Shanahan of the 7th: A Bill to provide that the Judge of the Superior Court of Gordon County shall make certain special charges to the Grand Juries of Gordon County. HB 1760. By Messrs. Lane and Nessmith of the 76th: A Bill to amend an Act placing the ordinary of Screven County upon an annual salary, so as to change the compensation of the ordinary. HB 1768. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to amend an Act placing the Sheriff of Lowndes County on a salary basis in lieu of a fee basis, so as to change the budget require ments of said office from a calendar year to a fiscal year. THURSDAY, FEBRUARY 14, 1974 2041 HB 1769. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to amend the Act placing the Tax Commissioner of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year. HB 1770. By Messrs. Bennett, Reaves and Patten of the 124th: A Bill to amend an Act placing the Clerk of the Superior Court of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year. HB 1775. By Mr. Adams of the 84th: A Bill to amend an Act placing the Sheriff of Harris County upon an annual salary, so as to authorize the governing authority of Harris County to fix the salary of each of the sheriff's deputies in an amount not less than a certain minimum salary. HB 1779. By Mr. Brantley of the 92nd: A Bill to abolish the present mode of compensating the Ordinary of Candler County, known as the fee system; to provide in lieu thereof an annual salary. HB 1787. By Mr. Oxford of the 101st: A Bill to amend an Act establishing the fee system of compensating the clerk of Superior Court and the city court clerk in the County of Sumter, so as to change the compensation of the employees of the clerk of the courts. HB 1790. By Messrs. Bennett, Patten and Reaves of the 124th: A Bill to amend an Act placing the Ordinary of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year. SB 665. By Senator Starr of the 44th: A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", as amended, so as to change the provisions relative to county and regional public libraries. 2042 JOURNAL OF THE HOUSE, The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate, to-wit: SR 336. By Senator McDuffie of the 19th: A Resolution proposing an amendment to the Constitution so as to pro vide that any proceedings relative to the removal of the 20 mill limita tion on school taxation in Telfair County previously taken under the provisions of Article VIII, Section XIII, Paragraph 11 of the Consti tution are hereby rescinded, and the provisions of Article VIII, Section VII, Paragraph 1 shall control. SR 337. By Senator Jackson of the 16th: A Resolution proposing an amendment to the Constitution to create the Department of Local Government Affairs and to provide for a Board of Commissioners for said Department. SR 341. By Senator Hudgins of the 15th: A Resolution creating the Tourism Study Committee. SR 354. By Senator Hudgins of the 15th: A Resolution authorizing and directing the State Department of Trans portation to continue design and actual work studies on the West Georgia Tollway. SR 368. By Senator Eldridge of the 7th: A Resolution commending Mr. Sidney R. Lucas. The Senate has passed as amended by the requisite constitutional majority the following Bills of the House, to-wit: HB 568. By Mr. Greer of the 43rd: A Bill to add and provide for a chief deputy and Clerk 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 a Director of the Traffic Violations Bureau of the Criminal Court of Fulton County. HB 1781. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th and others: A Bill to amend an Act amending, revising, consolidating and super- THURSDAY, FEBRUARY 14, 1974 2043 seding the several Acts incorporating the Town of Austell and reincorporating said town as a City so as to change the corporate limits of said City. The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit: HR 465-1337. By Mr. Lewis of the 77th: A Resolution proposing an amendment to the Constitution so as to permit the governing authority of McDuffie County to levy and collect an ad valorem tax to be paid to the Development Authority of McDuffie County. HR 568-1705. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th: A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County. HR 569-1705. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th: A Resolution proposing an amendment to the Constitution so as to abol ish the office of tax commissioner of the County of Dougherty. HR 596-1777. By Mr. Triplett of the llth and others: A Resolution proposing an amendment to the Constitution so as to create the General Hospital Authority of West Chatham County and to provide for all matters relative thereto. HR 498-1441. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A Resolution proposing an amendment to the Constitution so as to pro vide that each resident of the City of Forest Park who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said city. The Senate has adopted the Conference Committee Report on the following Bill of the House, to-wit: 2044 JOURNAL OF THE HOUSE, 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. The Senate has appointed a second Conference Committee on the following Bill of the House, to-wit: 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. The President has appointed as a second Committee of Conference the fol lowing Senators: Skene of the 27th, Thompson of the 32nd and Broun of the 46th. The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit: HR 684. By Messrs. Busbee of the 114th, and Murphy of the 18th: A Resolution calling a joint session of the House of Representatives and the Senate for the purpose of commemorating the 100th anniversary of the Georgia Department of Agriculture. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1376. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st: A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1974; and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to amend an Act providing appropriations for the fiscal year 1973-74, known as the "General Appropriations Act", approved April 19, 1973 (Ga. Laws 1973, p. 1353), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1974; to make language and other changes; THURSDAY, FEBRUARY 14, 1974 2045 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 appropriations for the fiscal year 1973-74, known as the "General Appropriations Act", approved April 19, 1973 (Ga. Laws 1973, p. 1353), is hereby amended by changing the revenue estimate so that it now shall be $1,504,000,000, and by striking the following: "PART I. LEGISLATIVE BRANCH," and Section 1 through 42, and inserting in lieu thereof the following: "PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch A. Operations _,,,,.,,__.,,._,,..$ B. For election blanks and other election expenses, including publishing constitutional amend ments ,,__ _,,.,,._._.$ C. For all cost of Georgia Official and Statistical Register ..____.._._._.._._.___.______.___..,,..........$ 6,493,000 175,000 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 Serv ices Committee, Office of Legislative Counsel, and Legislative Budget Analyst, as authorized by law. 2046 JOURNAL OF THE HOUSE, 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 program which are paid for from funds appro priated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations. Section 2. Department of Audits. A. Operations--Audits __.__......,,,,.....,,..._..__._____..,,..._._.$ B. Operations--Tax Ration Study ______.__.__....________._.$ 1,632,600 350,000 Section 3. Educational Improvement Council. Operations _,,_._,,.___._____,,_._________________.$ 68,558 PART II. JUDICIAL BRANCH Section 4. Supreme Court. Operations -...-.,,..............-..,,...........-......__.-__-.__.-_...,,.........$ 871,981 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 estabilshed during the fiscal year. Provided, however, that the sum of $7,500 shall be allo cated for the payment of attorney's fees and legal ex penses for indigent defendants in criminal cases on appeal as porvided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479. Section 5. Superior Courts. Operations __,,..,,,,._...... _^$ 6,014,658 For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mileage authorized by law, the payment of travel, tuition and expenses of Judges au- THURSDAY, FEBRUARY 14, 1974 thorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law. For payment of salaries, contingent expense allow ances, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus. Provided, however, that the listed appropriation shall be increased by the amount of $13,334 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000 per annum for each additional District Attorney Emeritus position established during the fiscal year. Provided, further, that the listed appropriation shall be increased by the amount of $30,000 per annum for each judgeship created by law during the 1973 session of the General Assembly Section 6. Court of Appeals. Operations ,,,,__,,.,,,,_.__,,,,,,,,_$ Changed Objects: Personal Services ,,,_.,,__$ Operating Expenses _____--.--____---..--$ 897,644 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 $12,000 per annum for each additional posi tion established during the fiscal year. Section 7. Administrative Office of the Court. Operations ,,-__,,-..,,_,,.$ Changed Objects: Personal Services ........_..__.,,..,,_.____._..$ Operating Expenses ____.,,...--_._.--....-$ 54,700 20,300 For the cost of operating the Administrative Office of the Court. Section 8. Court Reports. Operations ___.......,..__.-.....,,..____........._,,_._.......,,._._........_____.$ 2047 952,844 75,000 37,000 2048 JOURNAL OF THE HOUSE, Changed Object: Operating Expenses ._......__.....__.___.$ 37,000 For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Section 9. Judicial Qualifications Commission. Operations __,,_.___________.. ,,,,._,,.___.____________________________$ Changed Objects: Operating Expenses ________________.~~__$ 3,000 Section 10. Department of Administrative Services. For the cost of operating the Judicial Qualifications Commission. 3,000 PART III. EXECUTIVE BRANCH A. Operations ..,,.__._-.-...-.--.--.---.--__---.-..--.._.,,.........$ 3,754,488 Changed Objects: Personal Services ........_,,__,,__.._._$ 9,952,536 Operating Expenses _,,_______..---$ 9,780,822 Telephone Billings ..............--...$ 4,084,668 B. Capital Outlay ....____.______.,,___.................................$ 182,500 Changed Object: Capital Outlay ..._..............,,....._.___._.___._________.$ 182,500 Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and commit ted to prepare a Capitol Hill Development Plan. C. Authority Lease Rentals ........................................I 3,112,753 Changed Object: Authority Lease Rentals ...._.__..$ 3,112,753 D. Workmen's Compensation Fund ___.______.___.__________$ 700,000 THURSDAY, FEBRUARY 14, 1974 2049 Changed Object: Workmen's Compensation Fund ...._..._.______.........._.._.-._......$ 831,583 Section 11. Department of Agriculture. A. Operations ____________...._____________......___.___$ 11,222,100 Changed Objects: Personal Services _________..........__$ 8,927,946 Operating Expense .__.___.._..........$ 3,740,000 B. Authority Lease Rentals ....._--___.....-.....,,___.-_..-..-...$ 945,000 Changed Object: Authority Lease Rentals .....-__._.........-........_.? 945,000 C. Indemnities .-...._,,___.-..-..-...._-...-..-...-..-__.,,_..-..-.-...-.....? 65,000 Changed Object: Indemnities -.__...--.___-.-.-....--.-..$ 65,000 D. Fire Ant Eradication ............................................I 1,500,000 Changed Object: Fire Ant Eradication .............___$ 1,500,000 E. Capital Outlay .........................................................I Changed Object: Capital Outlay -.....-.-..__._..-...-...$ 2,830,000 2,830,000 F. Agrirama --_._.........----_.__-_..-.._---....-.-...._----.,,.._..$ Changed Objects: Personal Services ,,,,______.......,,___$ Operating Expenses -__,,_------.$ Capital Outlay _....._...._..-.___.....$ 75,000 50,000 480,588 605,588 Provided, that of the above appropriation relating to operating expenses, $75,000 is designated and com mitted for a research contract with Georgia Institute of Technology for development of automated equipment for loading turkeys and waste utilization. Provided, that of the above appropriation relating 2050 JOURNAL OF THE HOUSE, to Capital Outlay, $2,755,000 is designated and com mitted to construct a farmers' market at Macon, Geor gia. Section 12. Department of Banking and Finance. Operations ................... ^ 1,136,550 Changed Objects: Personal Services ...._._.___._..__.___.___.__..$ Operating Expenses ..........................^ 922,450 214,100 Section 13. Department of Community Develop ment. Operations .__,,_,,,,.$ 11,705,219 Changed Objects: Personal Services ___._..._.. ._________________$ 2,280,292 Operating Expenses--Regular ______ $ 1,511,320 Advertising _.._____________________,,_ ._-_________$ 750,000 Operating Expense-- World Congress Center ................$ 100,000 Capital Outlay _______________________________$ 210,000 Outstanding Authority Lease Rentals .___._____________________._____$ 2,000,000 State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals _______.._ _______________ $ 3,893,478 Grants: APDC Grants ..________________.--_________$ 1,157,000 HUD--701 Planning Grants _____.__$ 1,300,000 LEAA Action Local ..........................^ 14,834,261 LEAA Action State ______________________ $ 5,106,957 LEAA Discretionary _____._____.._________$ 1,134,976 LEAA Planning _______ _____________________ .$ 579,675 Impact Cities ______ ..........._.... ......_...$ 10,000,000 SEADOC . .......^............................. ^ 133,000 Provided, that from the above appropriate amount $3,043,478 is specifically appropriated for the purpose of financing the construtcion and equipping of the proposed World Congress Center in the City of Atlanta through the issuance of not to exceed $35,000,000 in principal amount of general obligation debt or through the issuance of not to exceed $35,000,000 in principal amount of bonds by the Georgia Building Authority. Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount shall be appropri ated to the 'State of Georgia General Obligation Debt Sinking Fund'. Should said Commission determine that THURSDAY, FEBRUARY 14, 1974 2051 said undertaking be financed through the issuance of bonds by the Georgia Building Authority, said amount shall be appropriated to the Department of Community Development and used for the purpose of paying lease rentals. Provided, however, no portion of the authority lease rental funds for the World Congress Center herein au thorized, to-wit: $3,043,478 shall be committed or ex pended prior to October 1, 1973. In the event at that time a World Congress Center building of substantially the type contemplated by the criteria, except as to site, which already has been set by the Executive Board of the Georgia World Congress Center, in the opinion of a majority of the State Properties Control Commission as demonstrated by evidence of ability to do so, can be financed by sources other than State fund or by funds guaranteed by the State, then this sum shall be lapsed. Provided, however, the $200,000 operating expense hereinabove appropriated, or a portion thereof, may be ex pended for preliminary planning in the interim. The final decision of a majority of the members of the State Properties Control Commission with respect to the lapsing of funds as herein authorized and the adequacy of financing by other sources, shall be made on or be fore October 1, 1973. This provisions shall not be con strued as affecting any decision of the Executive Board of the Georgia World Congress Center heretofore made and such decisions are hereby ratified and con firmed and will be carried out as made if the above funds do not lapse for the reasons hereinabove pro vided. Provided, that of the above appropriation, $850,000 is designated and committed to pay rentals to the Geor gia Ports Authority to permit the issuance of bonds to finance the completion of construction of a containerization facility and a public warehouse distribution cen ter all located at the Authority's Garden City Terminal, Savannah, Georgia, and to permit the repayment of temporary loans incurred in connection with these projects. 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 ..... $ 2,572,450 2052 JOURNAL OF THE HOUSE, Changed Objects: Personal Services ........................................................I 2,125,350 Operating Expenses ..................,,.__.___________.___.............$ 469,300 Section 15. Department of Defense. A. Operations ..----________-...........-_-.__...._............................$ 1,469,450 Changed Objects: Personal Services .................,,.__$ 1,939,975 Operating Expenses ,,.--._--_,,,,__.,,--,,--------_$ 561,500 Grants: National Guard _________,,_,,_,,,,$ Georgia Military Institute ._.,,.$ 16,000 200,000 B. Capital Outlay ..___._$ 737,461 Changed Object: Capital Outlay ____________..____.________$ 976,461 Provided, that of the above appropriation, $34,461 is designated and committed for the construction of motor vehicle storage facilities at the Rome National Guard Unit. Section 16. State Board of Education-- Department of Education. A. Operations ,,___.__.......,,....................____._...__..-........_.$ 534,320,770.97 Provided, that none of the State funds appropriated 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 authorized by the General Assembly. Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall be the pro rata part of the cost of employer con tributions to the Teachers' Retirement System appli cable to such salary. Provided, that the amount of $7,000,000 in Grants to to Local School Systems for supplemental instructions and aides shall be used to provide assistance in the elementary grades in the form of additional 'noncertifi- THURSDAY, FEBRUARY 14, 1974 2053 cated personnel' to assist classroom teachers in pro viding intensive instruction and training in order to enable all students to achieve in the various subject matter areas in accordance with their potential and abilities. Such personnel shall be made available to as sist the classroom teachers. Such personnal shall be made available to Local School Systems within the limits of funds available by the State Department of Edu cation on the basis of applications by the Local School Systems and a determination of critical need by the Local School Systems and the State Department of Education. Provided, that independent school systems shall be eligible to partcipiate in the 'minibuses' transportation program for Special Education Students. B. Construction: Authority Lease Rental Payments to Georgia Education Authority (Schools) _........_.-.......,,.$ Grants to School Systems for Autority Lease Rental Payments to Georgia Education Au thority (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 26,843,088 624,243 23,000,000 3,080,000 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 pro mulgated 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 such other criteria by the Board to insure that classroom need is the basis of distribution. Provided, that of the above appropriation, relative to operations, $50,000 is designated and committed for the Professional Practices Commission. Changed Objects: Personal Services -,,_..........._.._..._.._..$ 16,373,077 Operating Expenses _._.__..._...._...,,....$ 7,682,355 Capital Outlay: Capital Outlay (Regular).._.___.___.$ 3,080,000 Grants to School Systems for Capital Outlay Purposes ...... $ 23,000,000 Authority Lease Rentals: Authority Lease Rentals (Regular) .._,,......_..........._.___._._.._._.$ 460,669 2054 JOURNAL OF THE HOUSE, Grants to School Systems for ALR Payments to Georgia Education Authority .-.._._-.._-_-_..$ 26,843,088 Grants Direct to School Systems for Capital Outlay Purposes ._.......____________.__.....$ 624,243 MFPE Grants: Teacher Salaries (Section 11)....... $263,608,947 Salaries of Other Certificated Professional Personnel (Section 12) ____.___.._...___.__...._..__....__$ 45,858,143 Special Education Teachers (Section 20) ____________._._..._._...._...__..$ 28,157,603 Maintenance, Operations and Sick Leave __..._..._..._......_._._._..._...._..$ 48,053,461 Travel . $ 1,004,469 Isolated Schools ................................I 55,883 Mid-Term Adjustment ...................... $ -0- Pupil-Transportation ___.___________________.$ 22,800,965 Instructional Media ..._.............._._..._.$ 9,265,287 Non-MFPE Grants: Teacher Retirement ............_.._..........$ 29,158,744 Cooperative Educational Services Across County Lines ___..__..__._.___._.$ 2,530,000 Superintendents' Salaries ._.._._..._._._.$ 2,795,410 Instructional Assistance _._.___________.$ 7,000,000 Enrichment Equalization ._..........._. $ -0- Driver Education .........._....................$ 375,000 Early Childhood Services ............ ... $ -0- High School Program ....__._...._..._..._.$ 18,663,395 Teacher Training and Research .._..$ 850,000 Local Administration and Supervision _...._..._..........................$ 273,761 Work Study ........................_._...._........$ 103,000 Adult and Post-Secondary _.__..__...__.$ 39,000 Adult Basic Education .__...__.__......_..$ 2,461,000 Area Vocational-Technical Schools . -,,- $ 27,535,493 Manpower Development and Training ...._.........._._.___.___._...._._._._._.$ 3,160,000 Instructional Services for Handicapped ._._._._____._...._.............$ 750,000 Preparation of Professional Personnel for Education of Handicapped ._..._..._..$ 104,000 Educational Training Services for 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 THURSDAY, FEBRUARY 14, 1974 2055 School Library Resources and other Materials ......... ................ $ 1,925,000 Summer Library Supervisory Program ---_--..----__----.. ...$ 57,000 Educational Television __._.___._.... . ... .... $ 56,000 Preschool Training for the Handicapped ...._._._._______..........._....___...._..$ 6,610,252.97 Psychological Services ....................... $ 48,000 Guidance, Counseling and Testing ....... $ 200,000 School Lunch ..._._.._._............._._.__.___........__..$ 50,120,000 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 ._...._...._..........._..._...._.$ 2,290,300 Public Library Services and Materials _._.___.._._..............._._._..__....... .. . $ 2,262,109 Public Library Construction ..... .........$ 1,000,000 Provided, that of the above appropriation, relative to operations, $27,500 is designated and committed for payment to Houston County Speech and Hearing School, and $27,500 is designated and committed for payment to Houston County Happy Hour School. Provided, that the State Board of Education shall make allotments for Section 11, 12 and 20 teachers on the basis of the index schedule used for fiscal year 1973. From the above appropriation, relative to Opera tions, the Department is authorized to make payments to the Teachers' Retirement System to fund a 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 $5,000,000 to fund the Equalization Program authorized in HB 57, subject to prior approval by the Fiscal Affairs Subcommittees. Provided, that of the above appropriated amount, relative to Preschool Training for the Handicapped, the Diagnostic Classification and Testing Services Program initiated in F. Y. 1973 under Act No. 1234, Ga. Laws 1972, p. 722, shall be funded at the continuation level in F. Y. 1974, the remainder of such appropriation shall be used and expended to initiate a half-day Pre school Training program for five-year-old children 2056 JOURNAL OF THE HOUSE, who are mentally, physically, or emotionally handi capped, and for no other purpose. Provided, that of the above appropriation relative to Capital Outlay, $12,000 is designated and committed for outdoor lighting at the Georgia School for the Deaf, $18,000 is designated and committed for freezer and cooler facilities at North Georgia Vocational-Technical School, and $90,000 is designated and committed for land acquisition at the Atlanta Area School for the Deaf. Provided, that effective April 1, 1974, the Depart ment is authorized to increase school lunch grant rate to five cents per lunch. Provided that of the above appropriation relative to Operations, $4,500 is designated and committed to employ a speech therapist at the Academy for the Blind in Macon, Georgia. Section 17. Employee's Retirement System. Operations ,,_--____--_______---___---_--_--___,,__________________________$ -0- Changed Objects: Personal Services ___................_.........$ Operating Expenses .._.___.._______._......$ 481,900 256,499 Section 18. Forestry Commission. Operations ,,___,,_,,__....$ 8,235,750 Changed Objects: Personal Services .........._........_..._...__.$ 8,049,658 Operating Expenses ............. ...__.__,,__.$ 2,806,000 Capital Outlay ___.__._..._........_..__.....,,..$ 12,000 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. Provided, that of the above appropriation, $12,000 is designated and committed for the construction and equipment of a headquarters building in Oglethorpe County. Section 19. Forest Research Council. Operations .,,...,,.,,.,,,,.,,.,,.,,._,,_..$ 609,150 THURSDAY, FEBRUARY 14, 1974 2057 Changed Objects: Personal Services ____.___________._____.-_...$ Operating Expenses ____________________.--..$ Research Contracts __.___._._...__..____._..$ 91,150 56,200 560,160 Section 20. Office of the Governor. A. Operations Governor's Office ..-......................-._..-.._..--...-$ 873,750 Changed Objects: Personal Services __._____________,,___.$ Operating Expenses ......._._..._..$ Mansion Allowance ............--.$ 559,750 289,000 25,000 Office of Planning and Budget ___.____.______._____..____.___...__.$ 1,617,307 Changed Objects: Personal Services .. . ..... .______.__._.___.$ Operating Expenses: Regular ___.___.___.____._._.._..__.............$ Payments to Regional Commissions ___.___....__.._...._.$ 1,755,147 407,605 196,700 B. Governor's Emergency Fund ._..._............._____..._..$ 2,000,000 There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his 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 2058 JOURNAL OF THE HOUSE, B. Grants to Municipalities .........$ 4,200,000 Changed Object: Grants to Municipalities .....--$ 4,200,000 Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter. C. Grants to Counties _--------------_------.._.._.. .....$ 49,848,250 To provide grants to counties for county roads and maintenance and to grant ad valorem tax relief. These grants shall be disbursed and distributed by the Fiscal Division of the Department of Administrative Services. Section 22. Department of Human Resources. A. Operations -...------..$ 295,165,018 Changed Objects: Southwestern State Hospital Personal Services ------..----__--.$ 5,844,304 Georgia Retardation Center Personal Services ------..------.$ 9,152,632 Georgia Mental Health Institute Personal Services ...._._....._......_.$ 6,230,804 Georgia Regional Hospital at Augusta Personal Services ....$ 4,257,815 Central State Hospital Personal Services _._._._.._... ....... $37,520,040 Georgia Regional Hospital at Savannah Personal Services .._.$ 4,062,185 Gracewood State School and Hospital Personal Services.. .. $ 12,145,423 Northwest Georgia Regional Hospital Personal Services ..... $ 5,377,188 West Central Georgia Regional Hospital Personal Services..... $ 1,406,093 Georgia Regional Hospital at Atlanta Personal Services.--.$ 5,447,118 State and Regional Youth Development Center Personal Services _----$ 7,131,121 All other Personal Services...---~$ 45,542,613 Operating Expenses ................... .$107,214,457 Grants - . . . ... ... .$ 72,185,835 Benefits ....... ............................ ..........$393,582,537 Provided, that of the above State appropriation for Medicaid, $12,500 is designated and committed to provide medical coverage for Non-AFDC Foster Children. THURSDAY, FEBRUARY 14, 1974 2059 Provided, that of the above appropriation, $98,666 is designated and committed for the licensing and monitoring of the Day Care Centers for the Mentally Retarded. Provided, that of the above appropriation, $1,440,000 is designated and committed to purchase equipment for the Day Care Centers for the Mentally Retarded. Provided, that of the above appropriation, $30,000 is designated and committed to be used to match Title IV-A funds to continue Atlanta Association for Re tarded Children's project Rescue outreach advocacy pro gram. Provided, that of the above appropriation, $34,461 is designated and committed to continue the Cancer Registry. Provided, that the funds include in this Section for the State to operate the Bibb County Detention Home 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, a specific sum equal to the cost of providing uniforms for all firemen and security personnel at Central State Hospi tal is designated and committed for the provision of such uniforms for such employees. Provided, that of the appropriation for construction, $400,000 is designated and committed for a Sheltered Workshop in Chatham County. 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 relative to Operations, $5,000,000 is designated and approved for payment to the Macon-Bibb County Hospital Authority upon the approval by the Federal Government of the application for funding of a new medical college for the training of medical doctors and other allied medical personnel under the provisions of Public Law 92-157 2060 JOURNAL OF THE HOUSE, known as the 'Comprehensive Health Manpower Train ing Act' of 1971. Provided, that of the above appropriation, $15,000 is designated and committed for improving the play ground for the children's unit at the Georgia Mental Health Institute. Provided, further, that $19,000 is designated and committed for the purchase of emergency equipment at said institution. Provided, that of the total funds contemplated in this Section, $650,000 is designated and committed for the Sheltered Workshops for the mentally retarded. B. Construction .... ,,......._..,,--.$ 12,238,250 Changed Objects: Capital Outlay ...._._._........_._.__.....$ 5,678,250 Outstanding Authority Lease Rentals ........._-..........____._....___.$ 5,545,000 State of Georgia General Obligation Dept Sinking Fund/New Authority Lease Rentals .....___._._........_._.$ 1,015,000 Provided, that of the above appropriation relative to Construction, $25,250 is designated and committed for a Regional Youth Development Center at Eastman, Georgia. Provided, that the funds include in this Section for the State to operate the Muscogee County Detention Home 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 $250,000 is designated and committed for construction of a Sheltered Workshop in Clayton County. Provided, that of the above appropriation, $100,000 is designated and committed for Capital Outlay at the Warm Springs facility. Provided, that of the above appropriation, $240,000 is designated and committed to renovate eight bathrooms in the Bostick Building at Central State Hospital. Provided, that of the above appropriation, $200,000 is designated and committed for elevator renovations at Central State Hospital. THURSDAY, FEBRUARY 14, 1974 2061 Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals, $200,000 is specifi cally appropriated for the purpose of making general improvements in the Alien Building at Central State Hospital (Milledgeville) through the issuance of not to exceed $2,225,000 in principal amount of general obligation debt. Provided, that of the above appropriation, $246,000 is designated and committed for repairing the roof on the laundry at Central State Hospital. Provided, that of the above appropriation, $555,000 is designated and committed to construct a Regional Youth Development Center at Blakely, Georgia. Provided, that from the above appropriated amount, $525,000 is specifically appropriated for the purpose of financing the construction and equipping of (1) a new 75-bed multi-geographic facility at South western State Hospital (Thomasville), (2) a special education at Central State Hospital, and (3) a new 60-bed medical hospital at Gracewood State School and Hospital through the issuance of not to exceed $6,025,000 in principal amount of general obligation debt or through the issuance of not to exceed $6,025,000 in principal amount of bonds by the Georgia Building Authority (Hospital). Should the Georgia State Financ ing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount will be appropriated to the 'State of Georgia General Obligation Debt Sinking Fund'. Should said Commission determine that said undertaking be fi nanced through the issuance of bonds by the Georgia Building Authority (Hospital), said amount shall be appropriated to the Department of Human Resources and used for the purpose of paying lease rentals. Section 23. Department of Labor. A. Operations _.___$ Changed Objects: Personal Services ___________________.$ 17,673,943 Operating Expenses _______________ $ 10,049,643 Grants ___________-____-._____.__.._.__._______$ 1,769,000 1,466,502 Provided, that of the above appropriated amount relative to Operations, $43,855 is designated and com mitted to begin a Manpower Analysis Training and Development Program. 2062 JOURNAL OF THE HOUSE, B. Unemployment Compansation Reserve Fund---$ 325,000 Changed Object: Unemployment Compensation Reserved Fund _.____...________________.$ 325,000 C. Correctional Manpower Program ..............___..______$ 384,122 Changed Objects: Personal Services .__.___.__............$ Operating Expenses _.________________$ 753,588 332,418 Section 24. Department of Law. A. Operations ...,,_$ Changed Objects: Personal Services ____________.._.____$ 1,468,700 Operating Expenses __.._._.__......$ 242,000 B. Books for State Library .......$ Changed Object: Books for State Library ____.,,_.$ 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 Depart ment of Law, or any agency of the State in the Execu tive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any soure 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. 1,648,700 21,000 Section 25. State Literature Commission. Operations .....-......_...._._.__._..-.------------..__...__.._...._..$ Changed Objects: Personal Services _._.___..__.________..$ Operating Expenses __.________._.__$ 7,000 4,000 11,000 Section 26. Merit System of Personnel Administration. THURSDAY, FEBRUARY 14, 1974 2063 Operations _._._--____._----__._.-.--___-_._--,,____-_-.--_____.__--______-$ -0- Changed Objects: Personal Services _.__.___.___.__,,._.$ 1,328,736 Operating Expenses _.__......._.._.$ 628,164 Provided, that the State Merit System through agency assessment of $5,500 to the Department of Edu cation's budget to provide for funds for research and development of a health insurance plan for public school teachers as provided for by House Bill 49. Section 27. Department of Natural Resources. A. Operations ,,,,_.._,,,,..,,.,,.,,...$ 23,605,832 Changed Objects: Personal Services ......._____.......$ 14,019,030 Operating Expenses ____._.__.._____..$ 10,795,997 Grants: Land and Water Conservation Fund .__._._...._.___._..__..____.........__.$ Herty Foundation ._____.___.._______.$ 4,000,000 150,000 Local Governments: Solid Waste Systems _......_....... $ Savannah Beach Reclamation .__.._......_..__......._..$ Recreation Systems ..........._..._..$ Water and Sewer Systems _...._.$ 2,000,000 1,318,030 245,000 2,000,000 B. Authority Lease Rentals/General Obligation Bonds ....._...................._._......_._......._._._.$ 2,643,000 Changed Object: Authority Lease Rentals/General Obligation Bonds ._-.._.....-_.......$ 2,643,000 C. Capital Outlay ,__.,,...,,,,..,,.,,,,.,,$ 3,887,725 Changed Object: Capital Outlay ___-..._.__......,,_..__..$ 4,407,825 D. Heritage Trust _. . _ $ 11,778,442 Changed Object: Capital Outlay ___.______________________$ 11,778,442 2064 JOURNAL OF THE HOUSE, Provided, however, that none of the above ap propriation 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 Operating Expenses, $15,000 is designated and com mitted for planning and securing options for a new State Park in Rockdale County. Provided, that of the above sum, the sum of $500,000 is to be used for acquiring land and establish ing 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 Section or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section. Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for General Coffee State Park. Provided, that of the above appropriated amount, $7,500 is designated and committed for the purchase of equipment for pocket parks in Wayne County, Georgia. Provided, that of the above appropriation relating to Operations, $892,515 is designated and committed for Lake Lanier Island Development Authority. Provided, that of the above appropriation relating to Capital Outlay, $200,000 is designated and committed for Lake Lanier Island Development Authority. Provided, however, that of the above appropriation relating to Capital Outlay, $387,000 is designated and committed to purchase 258 acres of land in Rockdale County. Provided, however, that of the above appropriation relative to Recreation Systems, $45,000 is designated and committed for the Civic Center Project in Smyrna, Georgia. Provided, however, that of the above appropriation relative to operating expenses, $36,000 is designated and THURSDAY, FEBRUARY 14, 1974 2065 committed for the purchase of an ambulance and em ergency equipment on Jekyll Island, Georgia. Provided, however, that of the above appropriation relative to Capital Outlay, $100,000 is designated and committed for improvements at Fort Mountain State Park. Provided, however, that of the above appropriation relative to operating expenses, $65,000 is designated and committed for playground equipment in Brantley, Camden, and Long counties. Provided, however, that of the above appropriation relative to operating expenses, $62,171 is designated and committed for the dredging and diking of the TarryDupree Creek Waterway in the Brunswick area. Section 28. Department of Offender Rehabilitation. A. Corrections Operations .........$ 23,694,647 Changed Objects: Personal Services .______._________._._$ 16,070,762 Operating Expenses ............... ^ 10,366,755 Capital Outlay ._..._...._._._.._._._.._... ......_..._......__......_._._.$12,707,000 Changed Object: Capital Outlay ......................_...$ 12,707,000 Authority Lease Rentals ._........-.........--_.--_._________.______$ 840,000 Changed Object: Authority Lease Rentals ...---- $ 840,000 Provided, that of the above appropriation relating to Capital Outlay, $500,000 is designated and committed for equipment purchases for Correctional Industries. Provided, however, that of the above appropriation relating to Capital Outlay, $25,000 is designated and committed to construct a warden's house at Lee Cor rectional Institute, and $125,000 is designated and com mitted to construct guard towers and install perimeter lighting at Georgia Industrial Institute. 2066 JOURNAL OF THE HOUSE, B. Offender Rehabilitation Operations _.......-....-...-......-.....-................._.._..........$ 4,349,000 Changed Objects: Personal Services ..........._..........$ 5,081,518 Operating Expenses __...._...........$ 1,107,293 C. Pardons and Paroles Board Operations - ..._......_.._.__$ 373,489 Changed Objects: Personal Services _._._._.._......_._._.$ Operating Expenses ......._....._..$ 322,489 51,000 Section 29. Department of Public Safety. A. Operations _._.,,,,.$ 22,950,632 Changed Objects: Personal Services ...,,..........,,.....$ 17,595,985 Operating Expenses ................_.$ 8,669,684 B. Capital Outlay ___._._.___._........................._._.___.._...__.___.$ 161,000 Changed Object: Capital Outlay .........._._.._._._._..._..$ 161,000 Provided, that of the above appropriation relating to Capital Outlay, $74,000 is designated and committed to construct and equip a driver's licensing facility in North Fulton County or North Atlanta. Provided, however, that of the above appropriation relating to Capital Outlay, $27,000 is designated and committed for a driver's licensing facilty at the Farm ers' Market in Clayton County. 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- THURSDAY, FEBRUARY 14, 1974 2067 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, $30,000 is designated and committed to purchase uniforms for the Driver's License Examiners. Section 30. Public School Employee's Retirement System. A. Operations ..--..-..$ 137,000 Changed Object: Operating Expenses .............. ...$ 137,000 B. Employer Contribution ...._._.._............... ..._...._......$ 7,259,000 Changed Object: Employer Contribution ....... .. .$ 7,259,000 Section 31. Public Service Commission. Operations ........................ $ 1,697,038 Changed Objects: Personal Services ._._.._..._._.................$ 1,257,237 Operating Expenses ___......_....--.--.._..$ 447,445 Section 32. Regents, University System of Georgia. A. Operations ..... ................... ............................$ 218,009,541 Changed Objects: Personal Services ..... ... ......... $ 249,262,204 Operating Expenses ... ......... $ 70,195,406 Teachers' Retirement ... ... $ 13,940,500 Grants to Junior Colleges ....$ 3,050,000 Regents Scholarships ............. $ 200,000 Medical Scholarships .. ......$ 336,000 B. Construction: Outstanding Authority Lease Rentals ...._._.........$ Changed Object: Outstanding Authority Lease Rentals ...,,..._.__.__.._.............__.$ 23,018,196 State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals ........................ .................I 1,000,000 20,193,300 2068 JOURNAL OF THE HOUSE, Changed Object: State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals __..__________._._.__.$ 1,000,000 Provided, that from the above appropriated amount, $1,000,000 is specifically appropriated for the purpose of financing a new construction program which consists of the acquisition of land (if needed) and the construc tion and equipping of buildings and facilities at various institutions under the control of the State Board of Regents of the University System through the issuance of not to exceed $12,000,000 in principal amount of general obligation debt or through the issuance of not to exceed $12,000,000 in principal amount of bonds by the Georgia Education Authority (University). Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount will be appro priated to the 'State of Georgia General Obligation Debt Sinking Fund'. Should said Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Education Authority (University), said amount shall be appropriated to the Board of Regents of the University System and used for the pur pose of paying lease rentals. Provided, that of the above appropriation relating to Operations, the State Board of Regents is authorized to pay $20,000 to the Southern Regional Education Board for 10 Georgia students to attend the Southern College of Optometry Provided, that from appropriated funds in A. and B., the amount of $24,018,196 in F. Y. 1974 is desig nated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Pro vided, none of the funds herein appropriated for con struction shall be available for the purchase of any books whatsoever. Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the Uni versity System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitu tion. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing. Provided, that of the above appropriation relating to Operations, the Department is authorized to make THURSDAY, FEBRUARY 14, 1974 2069 payments to the Teachers' Retirement System to fund a reduction from 15 years to 10 years the minimum period for providing disability and death benefits under Teachers' Retirement. Capital Outlay -_._.._...........$ 12,735,200 Changed Object: Capital Outlay ___________.__._._.____________.$ 14,235,200 Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution 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 Gov ernment, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended. Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate; porvided, 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 $2,000,000 shall not be available for operations; provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income. Section 33. Department of Revenue. A. Operations . . . . ...... ......... ......................$ 17,565,529 Changed Objects: Personal Services ....... ... ....... $ Operating Expenses ... $ Grants ...._.................................$ 10,704,069 6,456,460 412,000 B. Loans to Counties--Property Tax Reevaluation ..... ....... ................................$ 170,000 2070 JOURNAL OF THE HOUSE, 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 $155,000 in F. Y. 1974. Such amount shall be available for further tax evalu ation loans to counties. C. Motor Vehicle Tag Purchases _________.....______...__-_-.$ 1,123,450 Changed Object: Motor Vehicle Tax Purchases _______________.....__..-_._$ 1,123,450 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $935,250 is designated and committed for use in contracting with Offender Rehabilitation for the production of at least 2,175,000 motor vehicle tags. Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided, the advances made are for services to be rendered within the same fiscal year. Section 34. Secretary of State. A. Operations . .......-.._.._____.__._._._.... ....... $ 4,799,264 Changed Objects: Personal Services ._............... $ Operating Expenses _.. . ....._$ 3,069,650 1,774,614 B. Authority Lease Rentals ................... ....._._.._.._...$ Changed Object: Authority Lease Rentals . .. $ 815,000 815,000 Provided, that of the above appropriation relative to Operations, $50,000 is designated and committed for a monument to Richard B. Russell. THURSDAY, FEBRUARY 14, 1974 2071 Provided, that of the above appropriation, $67,475 is designated and committed for use by the Bicentennial Commission. Provided, that of the above appropriaton relative to Operations, $50,000 is designated and committed for office renovations. Provided, that of the above appropriation relative to Operations, $131,700 is designated and committed for the purchase of shelving equipment and for the instal lation of a humidity control system for the Archives Building. Section 35. State Scholarship Commission. A. Operations _-_-_--_-_-.-..- ................._..............$ 400,800 Changed Objects: Personal Services --..... - .. $ Operating Expenses _......._._$ 473,500 323,000 B. Higher Education Assistance Corporation-- Interest and Fees on Loans .. ........... . .. ._....._._...$ 239,000 Changed Object: Interest and fees on loans $ 239,000 C. Higher Education Assistance Authority-- Direct Loans and Tuition Grants ...... .... ....... $ 4,351,000 Changed Objects: Direct Loans ......................_...$ Tuition Grants .......$ 1,001,000 3,350,000 D. State Scholarship Commission-- Scholarships - ... ......... ................. $ 1,149,000 Changed Object: Scholarships ._................ ...........................$ E. Law Enforcement Personnel and Firemen's Dependent Scholarships . .... . .. $ 1,224,000 25,000 Changed Object: Law Enforcement Personnel-- Dependent Scholarships ... $ 25,000 2072 JOURNAL OF THE HOUSE, Provided, that of the above appropriated amount relative to scholarships an amount not to exceed $12,000 is designated and committed for the puropse of pro viding stipends for training recruitment personnel. Provided, that of the above appropriated amount relative to scholarships $25,000 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 $3,350,000 is appropriated for grants and scholarships to students attending privale colleges as provided in Ga. Laws 1971, p. 906. Section 36. State Treasury Department ............. ....$ --0-- Section 37. Soil and Water Conservation Committee. Operations ........ . $ 458,200 Changed Objects: Personal Services _...._.................-._..$ Operating Expenses ........._...__._._..$ 107,200 351,000 Section 38. Teachers' Retirement System. Operations ........................ ....._._._......_........_............... ..,,.$ 2,263,015 Changed Objects: Personal Services .................._......_..$ Operating Expenses _._._...._............. $ Employer Contribution ..... .........$ 375,842 347,600 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 received by the Fiscal Division of the Department of Administra tive Services in the immediately preceding fiscal year THURSDAY, FEBRUARY 14, 1974 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. 2073 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 Georiga 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 avail able for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State 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 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 tha Fiscal Division of the Department of Administrative Services and consti tutionally appropriated to the Department of Trans portation. Operations (including Capital Outlay)---- ... ... ................ ........ ... $ 186,576,873.81 2074 JOURNAL OP THE HOUSE, Construction: State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals ...... $ 29,921,000 For lease rental obligations of the Department of Transportation to the Georga Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sink ing Fund' for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of pub lic roads and bridges approved by the Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is hereby specifically appropriated to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt service require ments on new General Obligation debt in the amount not to exceed $60,000,000 in principal amount to finance a new program for the construction or reconstruction of public roads and bridges. Provided, further that in the event the Georgia State Financing and Investment Com mission, for any reason, should decide not to use the General Obligation procedures established by the Consti tution to finance said new program for the construction or reconstruction of public roads and bridges, the same excess amount is then designated and specifically appro priated for additional Autority lease rentals to the Georgia Highway Authority to permit the issuance of new Authority bonds to finance the construction or reconstruction of public roads and bridges. B. Grants to Counties. For grants to counties for aid in county road construction and mainte nance. Grants shall be distributed and dis bursed by the Fiscal Division of the Depart ment of Administrative Services as provided by law ............................................. . ..........$ 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 distrbiuted and disbursed to the various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Depart ment of Transportation. THURSDAY, FEBRUARY 14, 1974 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 .......... -__.____._... ....... ._______.$ Provided, further, that a member of the governing atuhority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in accodance 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 he use of such funds. The expense of such audit shall be deducted from funds granted to such mu nicipality in any future year. Provided, further, that the above sums shall be dis tributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter. E. For the general administrative expenses of air port development, mass transit planning and development, the promotion of aviation safe ty and the provision of air transportation services. Operations .. ........... .......... ......_.. .......... $ 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 .... .. $ Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds 2075 9,317,000 925,150 976,000 2076 JOURNAL OF THE HOUSE, 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 state wide system of trails. Operations ....._......_.._............$ Construction--Pilot Bikeways Project .--._..___--..$ 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 ise authorized to utilize Pilot Bikeways funds to finance part of the staged con struction of a pilot bikeway project when matching fed eral 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 $50,000 is des ignated for a pilot bicycle trail as part of said statewide system. 25,000 50,000 G. Harbor Maintenance Payments . ________.$ 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. 579,000 Changed Objects: Personal Services __.,,.________._...._._____-$ 86,857,450 Operating Expenses ._______.-..._____-.$ 48,400,028 Capital Outlay ......-_.._......._.__..._......$ 329,964,990 State of Georgia General Obligation Debt Sinking Fund/Author ity Lease Rentals ............. ........$ 31,772,366 Grants to Counties . .............. ....$ 9,317,013.03 Grants to Municipalities ............... $ 9,317,000 Section 40. Department of Veterans Service. Operations .............. ..._._._.._............_._............._._..........._...$ 4,926,050 Changed Objects: Personal Services ........ ........_......$ Operating Expenses Regular _..._..............._...............$ 1,746,040 238,050 THURSDAY, FEBRUARY 14, 1974 2077 Payments to Central State Hospital ___________________ $ Payments to Medical College of Georgia._.__..,,_______$ 3,053,572 1,460,000 Grants to Confederate Widows. ___$ 26,000 Capital Outlay _....__ .. ._.__._.__________$ 1,160,000 Changed Object: Capital Outlay _____________________ .._______$ 2,410,000 Section 41. Workmen's Compensation Board. Operations ___.______________________._.___________________________________________$ 1,101,500 Changed Objects: Personal Services _________________________......$ Operating Expenses .____________________.$ 900,500 201,000". Section 2. Said Act is further amended by striking from the last line of Section 48, relating to total appro priations, the figure "$1,664,168,762", and inserting in lieu thereof the figure "$1,675,135,460.81." Section 3. This Act shall become effective upon its approval by the Governor or upon it becoming law with out his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Floyd of the 5th moved that the House disagree to the Senate substitute to HB 1376. The motion, prevailed and the Senate substitute to HB 1376 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 Bill of the Senate, to-wit: 2078 JOURNAL OF THE HOUSE, SB 530. By Senators Zipperer of the 3rd, Wasden of the 2nd, and Garrard of the 37th: A Bill to amend an Act establishing the Teachers' Retirement System as amended, so as to provide that the minimum retirment allowance for members shall apply to public school teachers who retired pursuant to a county, municipal or local board of education retirement or pension system. The Senate insists on its Substitute to the following Bill of the House, to-wit: HB 1376. By Mr. Murphy of the 18th and others: A Bill to amend an Act providing appropriations for the fiscal year 1973-74, known as the "General Appropriations Act", so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1974. Mr. Hayes of the 1st moved that the following Bill of the House be with drawn from the General Calendar and recommitted to the Committee on Motor Vehicles for further study: HB 1563. By Messrs. Hays of the 1st, Peters of the 2nd, Colwell of the 4th and others: A Bill to be entitled an Act to amend Code Section 68-214, relating to the registration and licensing fee of motor vehicles, so as to provide for an annual license plate for motor vehicles; and for other purposes. The motion prevailed and HB 1563 was recommitted to the Committee on Motor Vehicles for further study. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1108. By Mr. Cole of the 6th: A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that when any dealer shall fail to make any return where wilful intent to defraud the State exists shall pay a specific penalty of 50% of the tax bill; and for other purposes. THURSDAY, FEBRUARY 14, 1974 2079 The following Senate substitute was read: A BILL To be entitled an Act to amend an Act known as the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to provide that when any person, with wilful intent to defraud the State of any tax due under this Act, shall fail to make any return or files a false or fraudu lent return, such dealer shall pay, in addition to other penalties, a spe cific penalty of fifty percent (50%) of the tax due; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. An Act known as the "Georgia Retailers' and Consum ers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by striking the last sentence from Section 16(c) of said Act, which reads as follows: "In the case of a false or fraudulent return, where wilful intent exists to defraud the State of any tax due under this Act, a specific penalty of fifty percent (50%) of the tax bill shall be assessed.", and inserting in lieu thereof the following: "In the case of a false or fraudulent return or the failure to file a return, where wilful intent exists to defraud the State of any tax due under this Act, a specific penalty of fifty percent (50 r/< ) of the tax due shall be assessed." Section 2. This Act shall become effective on April 1, 1974. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Cole of the 6th moved that the House agree to the Senate substitute to HB 1108. 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 Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett 2080 Berry Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Burruss Burton Busbee Carlisle Carr Carrell Castleberry Clark Cole Coleman Collins, M. Collins, S. Colwell Connell Davis, W. Dean, J. E. Dean, N. Dent Dixon Duke Edwards Elliott Farrar Floyd, J. H. Foster Geisinger Grahl Grantham Greer Groover Harden Harrington Harris, J. F. JOURNAL OF THE HOUSE, Harrison Hatcher Hawes Hays Horton, G. T. Horton, W. L. Howard, Bob Hutchinson Irvin, J. Irwin, R. Irwin, J. R. Johnson Jordan Karrh Keyton Knight Keyton Lane, Dick Larsen, G. K. Larsen, W. W. Lee Lewis Logan Lowrey Marcus Matthews C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Moyer Mulherin Nessmith Nix Noble Northcutt Oxford Patten, R. L. Patterson Pearce Peters Petro Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Sams Savage Shanahan Shepherd Smith, V. B. Snow Stephens Sweat Thompson Toles Townsend Tucker Turner Twiggs Waddle Walker Wall Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood Those not voting were Messrs. : Adams, Marvin Alien Berlin Blackshear Bostick Brantley, H. L. Brown, S. P. Buck Chance Coney Daugherty Davis, E. T. Dean, Gib Dickey Dollar Dorminy Egan Ellis Evans Ezzard Floyd, L. R. Fraser Gignilliat Hamilton Harris, J. R. Hill, B. L. Hill, G. Howell Hudson Jessup Jones King Lambert Lane, W. J. Levitas Mason McCracken McKinney Morgan Mullinax THURSDAY, FEBRUARY 14, 1974 2081 Odom Patten, G. C. Phillips, G. S. Pinkston Russell, W. B. Smith, J. R. Strickland Thomason Triplett Vaughn Ware Wilson, M. L. Mr. Speaker On the motion, the ayes were 127, nays 0. The motion prevailed and the Senate substitute to HB 1108 was agreed to. 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 February 14, 1974, by adding the following: HB 509. Contractors, Payment & Performance Bonds HB 523. Housing, Prohibit Discrimination HB 747. Planning & Dev. Comm. Guides for Areas HB 1248. Area Plan. & Dev. Comm., Selecting members HB 1280. Ethics Committee, House & Senate HB 1281. Officials & Employees Ethics HR 455-1298. Gov. Reg. Private Business Study Comm. HB 1323. Rural Mail Carriers, Amber Flashing Lights HR 489-1416. National Guard Person, Civil Service Preference HB 1526. Emp. Ret. Sys., Include Conservation Rangers HB 1534. Forestry Comm.: Fire Protection HB 1622. Registration of Trade-Marks or Ser. Marks HB 1629. High-Voltage Electric Lines, Precautions HB 1631. National Bicentennial Celebration Comm. HB 1633. Dougherty Judicial Cir., Additional Judge HB 1638. Secretaries for Judges, Salary HB 1639. Conasauga Judicial Cir., Additional Judge HB 1684. Marta Labor Disputes, Prohibit Strikes (Reconsidered) HB 1706. Real Estate, Referral Agent 2082 JOURNAL OF THE HOUSE, HB 1707. Real Estate Brokerage, Partnerships HR 570-1707. Multi-State Transp. Corridor Advisory Board HB 1726. Planning Commissions, Powers & Duties HB 1735. Water Quality Control, Effluent Limitations HB 1741. Peace Officer Indictment, Grand Jury HB 1742. Peace Officer Organization, Solicit Donations HB 1763. Campus Police & Security, Arrest Power HB 1796. Cosmetology, School or College, Require HB 1815. MEPE, Certification of Teachers, Principals HB 1832. Board of Dental Exam., Employment of Personnel HB 1841. Ga. Securities Act, Registration of Sec. HB 1887. MFPE, Regional Public Libraries, Provide Funds HB 1888. Probate of A Will Solemn Form, Witness HB 1900. Motion Picture & TV Advisory Committee Except as herein amended, the provisions of the calendar heretofore submitted shall remain of full force and effect. Respectfully submitted, Lambert of 97th, Vice-Chairman. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit: SB 666. By Senator Kidd of the 25th: A Bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, as amended, so as to exempt from the taxes imposed by said Act sales of tangible personal property to any person, firm or corpora tion which will be incorporated within any project covered by any con tract with any county for the construction, repair, extension or improve ment of any public roadway. The following Resolution of the House was read and adopted: THURSDAY, FEBRUARY 14, 1974 2083 HR 692. By Messrs. Mullinax of the 65th, Bray of the 66th, Rush of the 104th and others: A RESOLUTION Commending Mr. Wililam "Bill" Gentry of the Atlanta Internation ale Hotel; and for other purposes. WHEREAS, many members of the General Assembly have lodged at the Atlanta Internationale Hotel during the current session; and WHEREAS in addition to the very convenient location of the Hotel, the accommodations and services have been excellent; and WHEREAS, the members lodging at the Atlanta Internationale Hotel have been extended every courtesy by the management and staff of this outstanding Hotel, and every reasonable effort has been made to make their stay there as enjoyable as possible; and WHEREAS, Mr. William "Bill" Gentry of the Atlanta Internation ale Hotel has been particularly cooperative and cordial in assisting members of the General Assembly lodging at the Hotel. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Mr. William "Bill" Gentry of the Atlanta Internationale Hotel for the outstanding service he and his staff have rendered to members of the General Assembly lodging at the Hotel, and sincere appreciation is hereby expressed to him for his cooperation and assistance. 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. William "Bill" Gentry. Mr. Nessmith of the 76th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House: HB 1848. By Mr. Connell of the 80th: 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 place a limitation upon the quantity of distilled spirits which may lawfully be possessed in any county of this State; 'and for other pur poses. On the motion, the roll call was ordered and the vote was as follows: 2084 JOURNAL OF THE HOUSE, Those voting in the affirmative were Messrs. Adams, John Adams, Marvin Collins, M. Colwell Dean, N. Dorminy Floyd, J. H. Floyd, L. R. Foster Fraser Grantham Harris, J. F. Irwin, J. R. Lewis Logan Lowrey Matthews, D. R. Nessmith Nix Oxford Reaves Ross Russell, J. Shanahan Toles Turner Twiggs Waddle Wall Wheeler, Bobby Willis Wilson, M. L. Those voting in the negative were Messrs. Adams, G. D. Adams, J. H. Alexander, W. H. Alexander, W. M. Bailey Beckham Bennett Berry Bohannon Bond Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Carlisle Carr Carrell Castleberry Clark Cole Collins, S. Coney Connell Dent Dickey Dixon Edwards Evans Farrar Grahl Harden Hatcher Hawes Hays Hill, B. L. Horton, G. T. Hudson Hutchinson Irvin, R. Keyton Knight Lane, Dick Larsen, W. W. Lee McDaniell Miles Moyer Mulherin Northcutt Patterson Pearce Pinkston Ritchie Roach Rogers Rush Russell, W. B. Sams Savage Snow Stephens Sweat Thomason Thompson Townsend Tucker Walker Wamble Tucker Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood Those not voting were Messrs.: Alien Atherton Berlin Blackshear Bostick Brantley, H. H. Brantley, H. L. Burruss Busbee Chance Coleman Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dollar Duke Egan Elliott Ellis Ezzard Geisinger Gignilliat THURSDAY, FEBRUARY 14, 1974 2085 Greer Groover Hamilton Harrington Harris, J. R. Harrison, R. Hill, G. Horton, W. L. Howard, Bob Howell Irvin, J. Jessup Johnson Jones Jordan Karrh King Kreeger Lambert Lane, W. J. Larsen, G. K. Levitas Marcus Mason Matthews, C. ' Mauldin McCracken McDonald McKinney Milford Morgan Mullinax Noble Odom Patten, G. C. Patten, R. L. Peters Petro Phillips, G. S. Phillips, L. L. Rainey Shepherd Smith, J. R. Smith, V. B. Strickland Triplett Vaughn Ware Mr. Speaker On the motion, the ayes were 32, nays 75. The motion was lost. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 368. By Mr. Farrar of the 52nd: A Bill to be entitled an Act to provide evaluation and tenure for class room teachers and all other professional personnel of local school systems except the superintendent; and for other purposes. The following Senate substitute was read: A BILL To be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 907), so as to provide procedures and re quirements relative to the termination or suspension of teacher, princi pals and other employees having a contract for a definite term; to pro vide for certain notices in connection with discharge or suspension; to provide for right to counsel and compulsory processes; to provide for hearings; to provide for decision and appeals; to provide certain re quirements relative to the nonrenewal of contracts; to provide certain requirements relative to nonrenewal of contracts after three years' serv ice; to amend Code Section 32-912, relating to the organization, powers 2086 JOURNAL OF THE HOUSE, and duties of county boards of education and to the suspension of the county superintendent of schools, as amended, so as to delete provisions relative to the suspension of teachers; to repeal Code Section 32-1010, relating to the examination and suspension of teachers, as amended; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. An Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 907), is hereby amended by striking Section 7A in its entirety and substituting in lieu thereof a new Section 7A to read as follows: "Section 7A. (a) Grounds for Termination or Suspension. The contract of employment of a teacher, principal or other employee of a teacher, principal or other employee having a contract for a definite term may be terminated or suspended for any of the fol lowing reasons: (1) Nonperformance of duty; (2) Incompetency; (3) Immorality; (4) Inefficiency; (5) Conviction of any crime involving moral turpitude; (6) Failure or refusal to comply with all reasonable orders, requests or directions of the superintendent or other superior offi cial; (7) Violation of any rule or regulation of the local board of education; (8) Persistent failure or refusal to maintain orderly discipline of students; (9) Inciting, encouraging or counseling students to violate any valid State law, municipal ordinance, or policy or rule of the local board of education; (10) Revocation by competent State authority of the certifi cate of the teacher or other certificated personnel; (11) Violation of any contract provision. THURSDAY, FEBRUARY 14, 1974 2087 (b) Notice. Before the discharge or suspension of a teacher, principal or other employee having a contract of employment for a definite term, written notice of .the charges shall be given at least ten days before the date set for hearing, and shall state: (1) The cause or causes for his discharge or suspension in sufficient detail to enable him fairly to show any error that may exist therein; (2) The names and nature of the testimony of the witnesses against him; (3) The time and place where the hearing thereon will be held; (4) Notification that the charged teacher or other person, upon request, shall be furnished with compulsory process or subpoena legally requiring the atttnding of witnesses and the production of documents and other papers as provided by law. (c) Counsel; Testimony. Any teacher, principal or other person against whom such charges listed in subsection (a) of this Section have been brought shall be entitled to be represented by counsel, and upon request, shall be entitled to have subpoenas or other com pulsory process issued for attendance of witnesses and the produc tion of documents and other evidence. Such subpoenas and compulsory process shall be issued in the name of the local board of education, and shall be signed by the president or vice president of the local board of education. In all other respects, such subpoenas and other compulsory process shall be subject to the provisions of the Act revising comprehensively the laws relating to subpoenas and other like processes, approved March 15, 1966 (Ga. Laws 1966, p. 502), as now or hereafter amended. (d) Hearing. The hearing shall be conducted before the local board of education or said local board may designate a tribunal to consist of not less than three nor more than five impartial persons possessing academic expertise to conduct the hearing and submit its findings and recommendations to the local board of education for its decision thereon. The rearing shall be reported at the expense of the local board of education. If the matter is heard by a tribunal, the transcript shall be prepared at the expense of the local board of education and an original and two copies shall be filed in the office of the superintendent. If the hearing is before the local board of education, the transcript need not be typed unless an appeal is taken to the State Board of Education, in which event typing of the tran script shall be paid for by the appellant. In the event of an appeal to the State Board of Education, in which event typing of the transcript shall be paid for by the appellant. In the event of an ap peal to the State Board of Education, the original shall be trans mitted to said State Board as required by its rules. Oath or affirmation shall be administered to all witnesses by 2088 JOURNAL OF THE HOUSE, the president, any member of the local board of education, or by the attorney of said local unit. Such oath shall be as follows: 'You do solemnly swear (or affirm) that the evidence you shall give here on the issue pending shall be the truth, the whole truth and nothing but the truth. So help you God.' All questions relating to admissibility of evidence or other legal matters shall be decided by the president or presiding officer, sub ject to the right of either party to appeal to the full local board of education or hearing tribunal, as the case may be; provided, how ever, the parties by agreement may stipulate that some disinterested member of the State Bar of Georgia shall decide all questions of evidence and other legal issues arising before the local board of education or tribunal. In all hearings, the burden of proof shall be on the school system, and it shall have the right to open and con clude. Except as otherwise provided herein, the same rules governing nonjury trials in the superior court shall prevail. (e) Decision; Appeals. The local board of education shall render its decision at the hearing, or within five days thereafter. Where the hearing is before a tribunal, the tribunal shall file its findings and recommendations with the local board of education within five days of the conclusion of the hearing, and the local board of edu cation shall render its decision thereon within ten days after the receipt of the transcript. Appeals may be taken to the State Board of Education in accordance with Georgia Code Section 32-910, as now or hereafter amended, and the rules and regulations of the State Board of Education governing appeals. (f) Nonrenewal. When a local school superintendent or local board of education proposes not to renew the contract of any teacher or other school employee employed under a contract for a definite term, written notification of such intention shall be given to the teacher or other employee by not later than April 15 prior to the ensuing school year. When such notice is not given, the employment of such teacher or other employee shall be continued for the en suing school year, unless such teacher or other employee has been removed suspended in the manner previously provided herein, or unless the teacher or other employee elects not to accept such employment by notifying the local board of education or superintend ent in writing not later than May 1 thereafter. When the local board of education proposes not to renew the contract of a teacher or other employee employed under a contract for a definite term for reasons which would impinge upon the liberty of such teacher or employee, thereby entitling the teacher or other employee to procedural due process under the Constitution as interpreted by the United States Supreme Court, the local board of education shall give notice of such intention not later than April 15 as provided in this subsection, and such notice shall also state the reasons for such proposed action in the same manner as provided in subsection (b) hereof, and thereafter a hearing shall be con ducted in the same manner as specified in subsections (c), (d) and (e) hereof, which subsections shall be equally applicable thereto. THURSDAY, FEBRUARY 14, 1974 2089 (g) Nonrenewal After Three Years' Service. After a teacher or other school employee who is employed under a contract for a definite term has been employed for three successive school years by the same local board of education, then the nonrenewal of the contract of such teacher or other employee shall be as provided by this subsection. When the local school superintendent or local board of education has decided not to renew the contract of any such teacher or employee, written notification of such decision shall be given to such teacher or employee by not later than April 15 prior to the ensuing school year, and any such teacher or employee so notified shall have the right to request the local school super intendent or local board of education, in writing, by not later than May 1, thereafter, to furnish such teacher or employee a written statement of good and sufficient cause on which the nonrenewal of the contract was based. Upon receiving such request from any such teacher or employee, the requirements of subsections (b) through (e) of this Section shall be applicable in such cases. The provisions of this subsection shall be applicable to teachers and other school employees employed under a contract for a definite term who had completed three successive school years as an em ployee of the same local board of education as of July 1, 1974, as well as to such teachers or employees employed on and after that date who subsequently complete three successive school years as an employee of the same local board of education. Only service rendered as an employee of the same local board of education may be counted as service for the purpose of completing three successive school years within the meaning of this subsection." Section 2. Code Section 32-912, relating to the organization, powers and duties of county boards of education and to the suspension of the county superintendent of schools, as amended, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 32-912 to read as follows: "32-912. Organization; powers and duties.--The county super intendent of schools and county board of education shall make rules to govern the county schools of their respective counties. Upon being called together by some one of their number, after their election, they shall organize by selecting a chairman. The county superintendent of schools shall act as secretary of the board, and keep the minutes of their meetings and make a permanent record of the same, and do any other clerical work that they may direct him to do. Said board may suspend the county superintendent of schools for incompetency, wilfull neglect of duty, misconduct, im morality or the commission of crime involving moral turpitude, and for other good and sufficient cause. Provided, however, the county superintendent shall be given (1) a hearing on the charge or charges preferred against him, (2) ten days' written notice of the time and place of said hearing--such notice will contain a brief general statement and enumeration of the charge or charges, (3) an opportunity to present his defense, and (4) upon request be furnished with compulsory process issued by said board requir ing the attendance of witnesses and the production of documents and other papers as provided by law. Upon failure of any person to respond to such subpoena or other process issued by said board, 2090 JOURNAL OF THE HOUSE, the latter shall certify the matter to the superior court as other cases of contempt made and provided by law. In each case an appeal may be taken to the State Board of Education by the filing with the said State Board of Education, within thirty days after rendition of the decision of the county board, a notice of appeal, together with a copy of the record or transcript adduced upon the hearing and certified by the president of the said county board. The provisions of this Code Section shall not apply to school systems created prior to the adoption of the Constitution of 1877." Section 3. Code Section 32-1010, relating to the examination and suspension of teachers by the superintendent, as amended, which reads as follows: "32-1010. Examination and suspension of teachers.--The county superintendent of schools shall superintend examinations of all teachers of his county as provided by law. He shall suspend any teacher under his supervision for nonperformance of duty, incompetency, immorality or inefficiency, and for other good and sufficient causes. From his decision the teacher may appeal to the county board of education, and either the superintendent or the teacher, being dissatisfied with the decision of the board, may appeal to the State Board of Education, the decision of which shall be final: Provided, that this Section shall not apply to any public school system established prior to the adoption of the Constitution of 1877.", is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendments were read and adopted: Mr. Farrar of the 52nd moves to amend the Senate substitute to HB 368 as follows: Amend page 1, line 37, following the words: "nonrenewal of con tracts" by inserting the following words "for an employee who was on the payroll and under contract on the beginning day of the current school year." 2) Amend page 1, line 46, following the words "the foregoing" by inserting the following words: "to repeal an act;" Amend by striking from Section 78(f), page 5, line 191, the words: "employee employed under a contract for a definite term," and substi tute in lieu thereof the words, "employee who was on the payroll and under contract on the beginning day of the current school year," THURSDAY, FEBRUARY 14, 1974 2091 Amend by inserting in Section 7A(f), page 5, line 195, following the words: "When such notice is not given. . ." the words "to an employee who was on the payroll and under contract on the beginning day of the current school year," Amend by striking from Section 7A(f), page 6, line 203, the words: "employee employed under a contract for a definite term," and substitut ing in lieu thereof the words, "employee who was on the payroll and under contract on the beginning day of the current school year" Amend Section 4, page 9, line 306 and 307, as follows: Section 4. The following Act is specifically repealed: An Act entitled "Civil Service for Teachers, etc." approved March 20, 1937, Ga. Laws 1937, p. 879. Present Section 4 would become Section 5, reading as follows: Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Jordan of the 58th moves to amend the Senate substitute to HB 368 by changing the language on page 4, line 24 as follows: change "You do" to Do you". / Mr. Farrar of the 52nd moved that the House agree to the Senate substitute to HB 368, as amended by the House. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins Collins, S. Colwell Coney Connell Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Edwards 2092 Egan Evans Farrar Floyd, J. H. Floyd, L. R. Foster Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Horton Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jordan Karrh Knight Kreeger JOURNAL OF THE HOUSE, Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Le vitas Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Sweat Thomason Thompson Toles Tucker Turner Twiggs Vaughn Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood Those not voting were Messrs. : Alien Blackshear Bostick Brantley, H. L. Brown, S. P. Carrell Daugherty Davis, E. T. Dean, Gib Dickey Dollar Elliott Ellis Ezzard Fraser Geisinger Gignilliat Groover Hamilton Hill, G. Horton, W. L. Irwin Jones Keyton King Lambert Lewis Logan Mason McCracken McKinney Mullinax Noble Pearce Petro Phillips, G. S. Ritchie Shepherd Strickland Townsend Triplett Wamble Ware Wilson, M. L. Mr. Speaker On the motion, the ayes were 135, nays 0. THURSDAY, FEBRUARY 14, 1974 2093 The motion prevailed and the Senate substitute to HB 368 was agreed to, as amended by the House. Pursuant to the adoption of HR 684 by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address by the Honorable Tommy Irvin, Commissioner of Agriculture in commemoration of the 100th anniversary of the Georgia Depart ment of Agriculture, was called to order by the President of the Senate. The following Resolution was read and adopted: HR 688. By Messrs. Matthews of the 122nd, Nessmith of the 76th and others: A RESOLUTION Commemorating the 100th Anniversary of the Georgia Department of Agriculture; and for other purposes. WHEREAS, the years immediately following the War Between the States were turbulent for agriculture in the State of Georgia, with farmlands in the State neglected, poorly tended and improperly im proved ; and WHEREAS, scientific information concerning sound agricultural practices was not readily available to the farmers of this era; and WHEREAS, the State Horticultural Society, backed by many farm ers, became interested in, and provided active support for, improvement of agricultural practices in the State through the establishment of a State Department of Agriculture; and WHEREAS, at this time no state had a legally constituted depart ment of state government concerned primarily with farming or agricul tural problems; and WHEREAS, recognizing the need for action to improve agricultural practices in the State, the General Assembly of Georgia, at its 1874 regular session, enacted HB 438, which created the Department of Agricul ture for the State of Georgia; and WHEREAS, the balloting on this bill, which was introduced by the Honorable Edgar M. Butt of Marion County, resulted in a tie vote, which was broken by the Honorable Augustus O. Bacon, Speaker of the House of Representatives; and WHEREAS, this Act was approved on February 28, 1874, by the Honorable James M. Smith, Governor of the State of Georgia; and 2094 JOURNAL OF THE HOUSE, WHEREAS, since the establishment of the Georgia Department of Agriculture there have been 15 Commissioners, Thomas P. Janes, John T. Henderson, R. T. Nesbit, O. B. Stevens, Thomas G. Hudson, J. J. Connor, James D. Price, J. J. Brown, Eugene Talmadge, George C. Adams, Tom Linder, Columbus Roberts, Tom Linder, Phil Campbell and Thomas T. Irvin; and WHEREAS, through the dedication, determination and ability of these men and of the employees of the Georgia Department of Agriculture, the farmers of Georgia have received immeasurable assistance in de veloping agriculture into Georgia's most important industry; and WHEREAS, the prosperity of thousands of Georgia families is a result, in large measure, of the efforts of the Georgia Department of Agriculture; and WHEREAS, it is only fitting and proper that the Georgia Depart ment of Agriculture be recognized on the occasion of the 100th Anniver sary of its creation. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body hereby re cognize and commend the Georgia Department of Agriculture on the occasion of the 100th Anniversary of its creation. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Georgia Department of Agricul ture, to Honorable Thomas T. Irvin, Commissioner of the Georgia Depart ment of Agriculture, to former Commissioners and to other interested persons. Accompanied by His Excellency, Governor Jimmy Carter, the Escort Com mittee and other distinguished guests, Honorable Tommy Irvin appeared upon the floor of the House and addressed the Joint Session. The President of the Senate announced the Joint Session dissolved. The Speaker called the House to order. 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 1893. By Messrs. Murphy of the 18th, Colwell of the 4th, Harrington of the 93rd and Groover of the 75th: A Bill to be entitled an Act to amend Code Section 91-105a of Code THURSDAY, FEBRUARY 14, 1974 2095 Chapter 91-1A of the Code of Georgia, so as to permit the State Pro perties Commission to perform all terms, satisfy all conditions, fulfill all requirements and discharge all obligations and duties contained in all leases or contracts of sale of the Property which provide that the Commission is empowered to act or shall act for and on behalf of the State of Georgia. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Burton Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Edwards Egan Elliott Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grahl Grantham Greer Harden Harrington Harris, J. F. Harrison Hatcher Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L, Howard Howell Hudson Hutchinson Irvin. J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Miles Milford Morgan Moyer Mulherin Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips. L. L. 2096 Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan JOURNAL OF THE HOUSE, Smith, J. R. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wood Those not voting were Messrs.: Berlin Blackshear Brantley. H. L. Brown, S. P. Busbee Carrell Coney Daugherty Dean, Gib Dickey Dollar Ellis Evans Ezzard Fraser Groover Hamilton Harris, J. R. Hill, G. Keyton King Mason McCracken McKinney Mullinax Noble Pearce Petro Phillips, G. S. Pinkston Shepherd Smith, V. B. Thomason Wamble Ware Wilson, J. M. Wilson, M. L. Mr. Speaker On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, HB 1893 was ordered immediately transmitted to the Senate. HB 1892. By Messrs. Murphy of the 18th. Colwell of the 4th, Harrington of the 93rd and Groover of the 75th: A Bill to be entitled an Act to amend Code Section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code", so as to define, for purposes of the State Properties Code, amend ments to any existing Lease, and to prescribe the procedure to be followed in the preparation, approval and execution of said amendments; to provide a severability clause; and for other purposes. The following amendment was read and adopted: THURSDAY, FEBRUARY 14, 1974 2097 Mr. Colwell of the 4th moves to amend HB 1892 as follows: By striking from Section 1, on line 23 of page 2, the following: "counter--parts", and substituting in lieu thereof the following: "counterparts". By striking from Section 1, on line 20 of page 4, the following: "counter--parts", and substituting in lieu thereof the following: "counterparts". By striking from Section 1, on line 20 of page 5, the following: "by", and substituting in lieu thereof the following: "be". 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. Atherton Bailey Beckham Bennett Berry Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Burton Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy Duke 2098 Edwards Egan Farrar Floyd, J. H. Floyd, L. R. Foster Grahl Grantham Greer Groover Harden Harringtn Harris, J. F. Harrison Hatcher Hawes Hays Horton, G. T. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jordan Karrh King Knight Kreeger JOURNAL OF THE HOUSE, Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Snow Stephens Strickland Sweat Thompson Toles Tucker Turner Twiggs Vaughn Walker Wall Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wood Those not voting were Messrs.: Alien Berlin Blackshear Bostick Brantley, H. L, Brown, S. P. Busbee Carrell Coney Daugherty Dean, N. Dickey Dollar Elliott Ellis Evans Ezzard Fraser Geisinger Gignilliat Hamilton Harris, J. R. Hill, B. L. Hill, G. Jones Keyton Lambert Mason Mullinax Noble Pearce Petro Pinkston Shepherd Smith, V. B. Thomason Town send Triplett Waddle Wamble Ware Wilson, M. L. Mr. Speaker On the passage of the Bill, as amended, the ayes were 137, nays 0. THURSDAY, FEBRUARY 14, 1974 2099 The Bill, having received the requisite constitutional majority, was passed, as amended. By unanimous consent, HB 1892, as amended, was ordered immediately trans mitted to the Senate. HB 1528. By Messrs. Snow of the 1st, Sams of the 83rd, Walker of the 100th and Groover of the 75th: A Bill to be entitled an Act to amend an Act providing that the State may appeal certain judgments, so as to provide that in the event a demand for trial has been filed such demand shall be held in abeyance until after a certain 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 roll call was ordered and the vote was as follows : Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Bailey Beckham Berlin Berry Bohannon Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Collins, M. Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Dean, Gib Dent Dickey Dorminy Duke Edwards Elliott Evans Floyd, J. H. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin Johnson Jones Jordan Karrh Kreeger Lambert Lane, Dick Larsen, G. K. Lee Levitas Lewis Lowrey Marcus Mason Matthews. D. R. 2100 Mauldin McCracken McDaniell McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C. Patten, R. L. Patterson JOURNAL OF THE HOUSE, Peters Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, W. B. Sams Savage Shanahan Smith, V. B. Snow Stephens Strickland Thomason Thompson Toles Town send Tucker Turner Twiggs Vaughn Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Alexander, W. M. Bennett Blackshear Bond Bostick Brantley, H. L. Carrell Coleman Davis, W. Dean, J. E. Dean, N. Dixon Dollar Egan Ellis Ezzard Parrar Floyd, L. R. Hill, B. L. Howell Jessup Keyton King Knight Lane, W. J. Larsen, W. W. Logan Matthews, C. McDonald Nessmith Pearce Petro Phillips, G. S. Reaves Russell, J. Shepherd Smith, J. R. Sweat Triplett Waddle Wamble Mr. Speaker On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1557. By Mr. Evans of the 89th: A Bill to be entitled an Act to amend an Act regulating billiard rooms, so as to provide that the terms "intoxicating liquors" and "liquors" shall not include malt beverages; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. THURSDAY, FEBRUARY 14, 1974 2101 On 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 Alexander, W. H. Beckham Bennett Berry Bohannon Bond Brown, B. D. Brown, S. P. Burton Castleberry Clark Cole Collins, S. Coney Connell Davis, E. T. Davis, W. Dent Dickey Edwards Evans Ezzard Floyd, L. R. Geisinger Grahl Greer Harden Harrington Harris, J. R. Hatcher Hawes Hays Hill, B. L. Horton, G. T. Hutchinson Irvin, R. Karrh King Lambert Larsen, G. K. Larsen, W. W. Marcus McKinney Miles Moyer Mulherin Odom Patten, R. L. Patterson Peters Phillips, L. L. Pinkston Rainey Roach Rogers Russell, J. Russell, W. B. Sams Savage Snow Strickland Thomason Thompson Townsend Waddle Wheeler, J. A. Wilson, M. L. Those voting in the negative were Messrs. Adams, G. D. Adams, Marvin Alexander, W. M. Alien Bailey Bostick Bray Carr Dean, J. E. Dean, N. Dixon Foster Grantham Harris, J. F. Harrison Hill, G. Howard Hudson Irvin, J. Irwin Johnson Jones Kreeger Lane, Dick Lee Mauldin McDaniell Milford Nessmith Nix Northcutt Oxford Patten, G. C. Rush Smith, V. B. Stephens Sweat Toles Turner Wall Wheeler, Bobby Whitmire Williams Willis Wood Those not voting were Messrs.: Atherton Berlin Blackshear Brantley, H. H. Brantley, H. L. Brown, C. Buck Burruss Busbee 2102 Carlisle Carrell Chance Coleman Collins, M. Colwell Daugherty Dean, Gib Dollar Dorminy Duke Egan Elliott Ellis Parrar Ployd, J. H. Praser Gignilliat Groover JOURNAL OF THE HOUSE, Hamilton Horton, W. L. Howell Jessup Jordan Keyton Knight Lane. W. J. Levitas Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. McCracken McDonald Morgan Mullinax Noble Pearce Petro Phillips, G. S. Reaves Ritchie Ross Shanahan Shepherd Smith, J. R. Triplett Tucker Twiggs Vaughn Walker Wamble Ware Wilson, J. M. Mr. Speaker On the passage of the Bill, the ayes were 69, nays 45. The Bill, having failed to receive the requisite constitutional majority, was lost. Mr. Evans of the 89th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional majority to HB 1557. HB 1407. By Mr. Larsen of the 27th: A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty, so as to change the provisions relating to women; to amend Code Section 79-207, relating to citizenship rights of females, as amended, so as to change the provisions relating to rights and liabilities of females; and for other purposes. The following Committee amendment was read and adopted: The Committee on Special Judiciary moves to amend HB 1407 as follows: by striking from lines 8, 9 and 10, page 3, the words, "upon its approval by the Governor or upon its becoming law without his approval", and inserting in lieu thereof the following, "on March 1, 1975." THURSDAY, FEBRUARY 14, 1974 2103 The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Bennett Bohannon Bond Bosick Bray Brown, B. D. Brown, S. P. Burruss Burton Busbee Carlisle Carr Chance Clark Cole Collins, S. Coney Connell Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Floyd, L. R. Foster Eraser Geisinger Grahl Grantham Greer Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hayes Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jordan Karrh King- Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee Levitas Logan Lowrey Marcus Mason Matthews, C. Mauldin McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Peters Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. B. Savage Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Waddle Walker Wall Wheeler, Bobby 2104 Wheeler, J. A. Whitmire Williams JOURNAL OF THE HOUSE, Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs.: Alien Berry Castleberry Jones Those not voting were Messrs.: Berlin Blackshear Brantley, H. H. Brantley, H. L. Brown, C. Buck Carrell Coleman Collins, M. Colwell Daugherty Dean, N. Dollar Farrar Floyd, J. H. Gignilliat Groover Hamilton Hill, G. Ho well Irwin Keyton Lane, W. J. Lewis Matthews, D. R. McCracken Nessmith Patten, R. L. Pearce Petro Phillips, G. S. Rush Sams Smih, V. B. Thomason Twiggs Vaughn Wamble Ware Mr. Speaker On the passage of the Bill, as amended, the ayes were 136, nays 4. The Bill, having received the requisite constitutional majority, was passed, as amended. By unanimous consent, HB 1407, as amended, was ordered immediately trans mitted to the Senate. HB 1332. By Messrs. Castleberry of the 96th, Moyer of the 99th, Oxford of the 101st and others: A Bill to be entitled an Act to amend an Act providing minimum stan dards for certain detention facilities within this State, so as to exempt certain facilities in counties of this State having a population of 26,000 or less; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. THURSDAY, FEBRUARY 14, 1974 2105 On 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 Berry Bohannon Brantley, H. H. Brown, C. Buck Carlisle Castleberry Chance Cole Coleman Collins, M. Davis, W. Dean, Gib Dixon Edwards Ezzard Ployd, L. R. Foster Fraser Grahl Grantham Groover Harden Harringtn Harris, J. F. Harrison Hays Horton, W. L. Hudson Hutchinson Jones Karrh Lambert Lane, Dick Larsen, W. W. Lowrey Mason Mauldin McDonald Milford Morgan Moyer Nessmith Nix Odom Patten, R. L. Patterson Pearce Peters Phillips, L. L. Pinkston Rainey Reaves Roach Rogers Ross Russell, J. Savage Shanahan Smith, V. B. Snow Stephens Strickland Sweat Toles Triplett Tucker Turner Waddle Walker Wall Wheeler, Bobby Whimire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs. Alexander, W. H. Atherton Bennett Blackshear Bond Bray Brown, B. D. Brown, S. P. Burton Clark Collins, S. Coney Davis, E. T. Dent Duke Egan Evans Geisinger Harris, J. R. Hatcher Hill, B. L. Horton, G. T. Howard Johnson Jordan King Knight Kreeger Larsen, G K. Lee Lewis McDaniell Miles Mulherin Northcutt Oxford Patten, G. C. Thompson Wheeler, J. A Wilson, J. M. 2106 JOURNAL OP THE HOUSE, Those not voting were Messrs.: Bailey Beckham Berlin Bostick Brantley, H. L. Burruss Busbee Carr Carrell Colwell Connell Daugherty Dean, J. E. Dean, N. Dickey Dollar Dorminy Elliott Ellis Farrar Floyd, J. H. Gignilliat Greer Hamilton Hawes Hill, G. Howell Irvin, J. Irvin, R. Irwin Jessup Keyton Lane, W. J. Levitas Logan Marcus Matthews, C. Matthews, D. R. McCracken McKinney Mullinax Noble Petro Phillips, G. S. Ritchie Rush Russell, W. B. Sams Shepherd Smith, J. R. Thompson Townsend Twiggs Vaughn Wamble Ware Mr. Speaker On the passage of the Bill, the ayes were 83, nays 40. The Bill, having failed to receive the requisite constitutional majority, was lost. Mr. Castleberry of the 96th 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 1332. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 568. By Mr. Greer of the 43rd: A Bill to be entitled an Act to add and provide for a chief deputy Clerk of the Criminal Court of Fulton County, and for a Director of the Traffic Violations Bureau of the Criminal Court of Fulton County; and for other purposes. The following Senate amendment was read: The Committee on County and Urban Affairs moves to amend HB 568 as follows: By striking from line 32 on page 2 the figure, "1973" and inserting in lieu thereof the figure "1974". THURSDAY, FEBRUARY 14, 1974 2107 Mr. Greer of the 43rd moved that the House agree to the Senate amendment to HB 568. On the motion, the ayes were 103, nays 0. The motion prevailed and the Senate amendment to HB 568 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 1601. By Messrs. Wood of the 9th, Ware of the 65th and Lewis of the 77th: A Bill to be entitled an Act to amend an Act providing for additional points for certain applicants taking examinations given by any exami ning board or commission whose records are maintained by the JointSecretary, State Examining Boards, so as to provide for additional classes of applicants; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Bailey Bennett Blackshear Bohannon Bostick Brown, C. Buck Burton Busbee Carlisle Carr Carrell Chance Clark Cole Coleman Colwell Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Edwards Ellis Ezzard Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. 2108 Hudson Hutchinson Irvin, J. , Irwin Johnson Jones Jordan Karrh King Lambert Larsen, W. W. Lee Le vitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDonald JOURNAL OF THE HOUSE, McKinney Miles Milford Morgan Moyer Mulherin Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Rainey Roach Rogers Ross Rush Russell, J. Savage Shanahan Smith, J. R. Snow Stephens Strickland Sweat Toles Townsend Turner Waddle Walker Wall Wheeler, B. Wheeler, J. A. Whitmire Williams Willis Wilson, M. L. Wood Those voting in the negative were Messrs.: Beckham Brown, S. P. Coney Davis, E. T. Dickey Egan Elliott Evans Irvin, R. Kreeger Larsen, G. K. Noble Sams Thompson Those not voting were Messrs.: Adams, J. H. Adams, M. Atherton Berlin Berry Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Burruss Castleberry Collins, M. Collins, S. Dollar Dorminy Duke. Farrar Harrison Hill, B. L. Howard Howell Jessup Keyton Knight Lane, Dick Lane, W. J. Logan McDaniell Mullinax Patten, R. L. Petro Pinkston Reaves Ritchie Russell, W. B. Shepherd Smith, V. B. Thomason Triplett Tucker Twiggs Vaughn Wamble Ware Wilson, J. M. Mr. Speaker On the passage of the Bill, the ayes were 119, nays 14. THURSDAY, FEBRUARY 14, 1974 2109 The Bill, having received the requisite constitutional majority, was passed. Mr. Groover of the 75th arose to a point of personal privilege and addressed the House. The following Bill of the House was taken up for the purpose of considering the Senate's insistence upon its position in substituting the same: HB 1376. By Messrs. Murphy of the 18th, Busbee of the 114th, Ployd of the 5th and Burruss of the 21st: A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1974, in addition to any other appropriations heretofore or hereafter made for the opera tion of the departments and agencies of the State provided for herein and the purposes provided for herein; and for other purposes. Mr. Busbee of the 114th moved that the House insist upon its position in disagreeing to the Senate substitute to HB 1376 and that a Committee of Con ference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members thereof: Messrs. Floyd of the 5th, Busbee of the 114th and Harris of the 8th. The Speaker Pro Tempore assumed the chair. Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time: HR 574. By Messrs. Adams and Smith of the 74th, Bray of the 66th, Edwards of the 95th and many others: A RESOLUTION Supporting and endorsing the construction of the Spewrell Bluff 2110 JOURNAL OF THE HOUSE, Dam Project authorized by P. L. 88-233, approved December 30, 1963; and for other purposes. WHEREAS, in 1963, the Congress of the United States, with the endorsement of the State of Georgia, did approve a plan of development for the Flint River Basin and did authorize construction of the Spewrell Bluff Project as a major element of that plan; and WHEREAS, in each subsequent fiscal year following Congressional consideration of the merits of the project, the Congress appropriated funds for the engineering and design or construction of the project; and WHEREAS, the Corps of Engineers has completed an environ mental assessment prepared in accordance with the National Environ mental Policy Act of 1969 and an economic analysis based on current conditions, and finds that construction of the project is justified, will contribute to satisfaction of flood control, hydro-electric power and recreation needs in the region and on balance would be in the best interest of the public; and WHEREAS, construction, can be initiated with funds appropriated and made available by The Congress. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA the General Assembly of the State of Georgia does hereby find that construction of the Spewrell Bluff Dam Project is in the best interest of all concerned, is fully justified, can be accomplished in balance with environmental concerns, and, therefore, endorses expeditious construction of the Spewrell Bluff Dam Project; and BE IT FURTHER RESOLVED, that the General Assembly does hereby respectfully request the Governor to also support and endorse such expeditious construction; and BE IT FURTHER RESOLVED, that certified copies of this Resolu tion be provided to the Secretary of the Army; the Chief of Engineers, U. S. Army; the U. S. Congressional Delegation from the State of Georgia; the Director of the Office of Management and Budget of the United States; and the Chairman of each of the House and Senate Com mittees on Public Works and Appropriations. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: THURSDAY, FEBRUARY 14, 1974 2111 Those voting in the affirmative were Messrs. Adams, G. D. Adams, John Adams, M. Alien Bennett Bohannon Bond Brantley, H. H. Bray Brown, S. P. Busbee Carr Carrell Chance Cole Coleman Collins, M. Colwell Connell Dean, Gib Dean, J. E. Dean, N. Dent Dollar Dorminv Ellis Floyd, J. H. Foster Grahl Grantham Harrington Harris, J. F. Harrison Hatcher Hays Hill, G. Howard Howell Hudson Hutchinson Irvin, J. Irwin Jessup Jones Jordan Karrh King Lambert Lane, W. J. Larsen, W. W. Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Mulherin Mullinax Nessmith Odom Oxford Patten, G. C. Patterson Peters Phillips, G. S. Phillips, L. L. Rainey Reaves Roach Rush Sams Shanahan Smith, J. R. Smith, V. B. Stephens Strickland Thomason Toles Triplett Tucker Twiggs Waddle Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson, J. M. Wood Those voting in the negative were Messrs.: Adams, J. H. Alexander, W. H. Alexander, W. M. Atherton Bailey Beckham Berlin Blackshear Brown, B. D. Burton Carlisle Collins, S. Coney Davis, W. Dickey Duke Egan Elliott Evans Ezzard Floyd, L. R. Geisinger Greer Harris, J. R. Hawes Horton, W. L. Irvin, R. Johnson Knight Kreeger Larsen, G. K. Lee Levitas Marcus Nix Noble Pinkston Russell, J. Savage Thompson Townsend Turner Wall 2112 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Berry Bostick Brantley, H. L. Brown, C. Buck Burruss Castleberry Clark Daugherty Davis, E. T. Dixon Edwards Farrar Fraser Gignilliat Groover Hamilton Harden Hill, B. L. Horton, G. T. Keyton Lane, Dick Lewis Logan Moyer Northcutt Patten, R. L. Pearce Petro Ritchie Rogers Ross Russell, W. B. Shepherd Snow Sweat Vaughn Walker Willis Wilson, M. L. Mr. Speaker On the adoption of the Resolution, the ayes were 96, nays 43. The Resolution, having received the requisite constitutional majority, was adopted. Mr. Dorminy of the 115th moved that HR 574 be immediately transmitted to the Senate. The motion prevailed and HR 574 was ordered immediately transmitted to the Senate. Mr. Lane of the 40th stated that he had been called from the floor of the House when the roll call was ordered on the adoption of HR 574. Had he been present he would have voted "nay". 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 1507. By Messrs. Ware of the 65th, Dean of the 17th, Gignilliat of the 105th and others: A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Defense Act of 1951", so as to provide that the emergency powers of the Governor shall include the power to designate any and all peace officers and law enforcement personnel to enforce the penal and criminal statutes of this State in any portion of the State which the- Government declares to be in a state of emergency or disaster; and for other pur poses. THURSDAY, FEBRUARY 14, 1974 2113 The following Committee amendment was read and adopted: The House Defense and Veterans Affairs Committee moves to amend HB 1507 as follows: By striking from the title the words: "to provide an effective date". By striking Section 4 in its entirety and renumbering Section 5 as Section 4. The following amendment was read and adopted: Messrs. Ware of the 65th and Moyer of the 99th move to amend HB 1507 as follows: By inserting in the title immediately following the word "all" on line 10 of page 1, the following: "non-governmental" and By inserting in section 2 immediately following the word "all" on line 13 of page 2, the following: "non-governmental". 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, Marvin Alexander, W. H. Alexander, W. M. Alien Bailey Bennett Berlin Berry Blackshear Bond Bostick Brantley, H. H. Bray Brown, B. D. Buck Burton Busbee Carlisle Carr Carrell Clark Cole Coleman Coney Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon 2114 Dollar Duke Ellis Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harris, J. F. Harris, J. R. Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Hudson Irvin, J. Irvin, R. JOURNAL OP THE HOUSE, Irwin Jessup Jordan King Knight Lane, Dick Lane, W. J. Lee Lewis Lowrey Marcus Mason Matthews, D. R. McDaniell Miles Moyer Mulherin Mullinax Nessmith Noble Pearce Phillips, G. S. Reaves Ritchie Roach Rogers Ross Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Toles Triplett Tucker Turner Waddle Walker Wall Ware Wheeler, Bobby Wood Those voting in the negative were Messrs.: Adams, John Bohannon Brown, C. Chance Colwell Dorminy Evans Harrison Hutchinson Karrh Kreeger Mauldin Milford Morgan Oxford Patterson Peters Pinkston Rush Wheeler, J. A. Williams Wilson, J. M. Those not voting were Messrs.: Adams, J. H. Atherton Beckham Brantley, H. L. Brown, S. P. Burruss Castleberry Collins, M. Collins, S. Connell Davis, E. T. Edwards Egan Elliott Ezzard Farrar Greer Harrington Howard Howell Johnson Jones Keyton Lambert Larsen, G. K. Larsen, W. W. Levitas Logan Matthews, C. McCracken McDonald McKinney Nix Northcutt Odom Patten, G. C. Patten, R. L. Petro Phillips, L. L. Rainey Thompson Townsend Twiggs THURSDAY, FEBRUARY 14, 1974 2115 Vaughn Wamble Whitmire Willis Wilson, M. L. Mr. Speaker On the passage of the Bill, as amended, the ayes were 109, nays 22. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1508. By Messrs. Ware of the 65th, Gignilliat of the 105th, Dean of the 17th and others: A Bill to be entitled an Act to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize certain private motor vehicles to operate with flashing or revolving red lights upon certification of the necessity thereof by the State Director of Civil Defense to the Department of Public Safety; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Bailey Bennett Berry Bleakshear Bohannon Bond Bostick Brantley, H. H. Brown, B. D. Brown, C. Buck Burton Busbee Carr Carrell Castleberry Clark Cole Coleman Collins, S. Colwell Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dollar Dorminy Duke Edwards Ellis Evans Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Gignilliat Grahl Grantham Groover 2116 Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh King Knight Kreeger Lane, Dick Lane, W. J. Lee Levitas Logan Lowrey JOURNAL OF THE HOUSE, Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Odom Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Tucker Turner Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Williams Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were G. Chance and G. K. Larsen. Those not voting were Messrs.: Adams, Marvin Atherton Beckham Berlin Brantley, H. L. Bray Brown, S. P. Burruss Carlisle Collins, M. Coney Davis, E. T. Dickey Egan Elliott Ezzard Farrar Greer Howard Howell Irwin Keyton Lambert Larsen, W. W. Lewis McKinney Northcutt Patten, R. L. Petro Shepherd Townsend Triplett Vaughn Wamble Whitmire Mr. Speaker On the passage of the Bill, the ayes were 142, nays 2. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 14, 1974 2117 HB 1509. By Messrs. Ware of the 65th, Gignilliat of the 105th, Dean of the 17th and others: A Bill to be entitled an Act to amend an Act known as the "Interstate Civil Defense and Disaster Compact Act", so as to make the Compact applicable to searches, rescues, actions to increase capability to deal with disasters, and incidents endangering public health or safety which require special equipment, personnel or training; and for other purposes. The report of the Committee, which was favorable to the 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 Bond Bostick Brantley, H. H. Brown, B. D. Brown, C. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dollar Dorminy Duke Edwards Egan Ellis Evans Farrar Foster Geisinger Gignilliat Grahl Grantham Groover Hamilton Harden Harrington Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, G. T. Horton, W. L. Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nessmith Nix Noble Northcutt Oxford Patten, G. C. Patten, R. L. 2118 Patterson Pearce Peters Phillips, G. S. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage JOURNAL OF THE HOUSE, Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Atherton Beckham Berlin Brantley, H. L. Bray Brown, S. P. Burruss Coney Davis, E. T. Elliott Ezzard Floyd, J. H. Floyd, L. R. Fraser Greer Harris, J. F. Hill, B. L. Howard Howell Keyton Lambert Larsen, W. W. Matthews, D. R. McCracken McDaniell Odom Petro Phillips, L. L. Pinkston Shepherd Thompson Mr. Speaker On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1900. By Messrs. Savage of the 30th, Townsend of the 24th and Horton of the 43rd: A Bill to be entitled an Act to amend an Act creating the Motion Picture and Television Advisory Committee within the Department of Industry and Trade, so as to repeal a specific section; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: THURSDAY, FEBRUARY 14, 1974 2119 Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berry Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burton Busbee Carlisle Carr Carrell Castleberry Chance Clark Cole Coleman Collins, M. Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Duke Edwards Evans Farrar Floyd, L. R. Foster Geisinger Grahl Greer Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh King Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus 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 Phillips, G. S. Phillips, L. L. Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Snow Stephens Strickland Sweat Thomason Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood 2120 JOURNAL OF THE HOUSE, Those not voting were Messrs.: Adams, Marvin Atherton Berlin Brantley, H. L. Burruss Colwell Dickey Dollar Egan Elliott Ellis Ezzard Floyd, J. H. Fraser Gignilliat Grantham Groover Howell Keyton Mason Matthews, D. R. Petro Pinkston Shepherd Smith, J. R. Smith, V. B. Thompson Willis Mr. Speaker On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1633. By Messrs. Busbee, Hutchinson, Hatcher and Odom of the 114th: A Bill to be entitled an Act to provide for an additional Judge of the Superior Court of the Dougherty Judicial Circuit; to provide for the appointment of the first additional Judge by the Governor; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, J. H. Adams, John Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Brantley, H. H. Bray Brown, C. Buck Burton Busbee Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dixon Dorminy Duke Edwards Evans Farrar Floyd, L. R. Foster Fraser Geisinger Grahl Grantham Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, W. L. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Knight Lambert Lane, Dick THURSDAY, FEBRUARY 14, 1974 2121 Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Roach Rogers Russell, J. Russell, W. B. Sams Shanahan Smith, J. R. Snow Stephens Strickland Sweat Thomason Toles Townsend Triplett Tucker Turner Twiggs Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Adams, Marvin Atherton Bond Bo stick Brantley, H. L. Brown, B. D. Brown, S. P. Burruss Carrell Collins, M. Dollar Egan Elliott Ellis Ezzard Floyd, J. H. Gignilliat Greer Groover Hill, B. L. Horton, G. T. Keyton King Kreeger Lane, W. J. Matthews, D. R. Nessmith Patten, R. L. Pearce Petro Ross Rush Savage Shepherd Smith, V. B. Thompson Vaughn Mr. Speaker On the passage of the Bill, the ayes were 142, nays 0. 2122 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1815. By Messrs. Burton of the 47th, Wheeler of the 127th, Noble of the 48th 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 certain requirements relative to the certification of teachers, principals and guidance counselors; to provide for a definition; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. The following Committee amendment was read and adopted: The Committee on Education moves to amend HB 1815 as follows: After "parents" on line 26 add "A, one time, one year provisional certificate may be granted for teachers not meeting this course require ment." The report of the Committee, which was favorable to the passage of the Bill as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Bailey Beckham Bennett Berlin Berry Blackshear Bohannon Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burton Carlisle Carr Castleberry Chance Clark Cole Coleman Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Foster Fraser Geisinger Gignilliat Grahl Grantham Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Hill, G. Horton, W. L. Howard Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee Levitas Lewis Logan Lowrey THURSDAY, FEBRUARY 14, 1974 2123 Marcus Mason Matthews, C. Mauldin McCracken McDaniell McDonald McKinney Miles Milford Morgan Mulherin Nix Noble Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Petro Phillips, G. S. Pinkston Rainey Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Shepherd Smith, J. R. Snow Stephens Strickland Thompson Toles Townsend Tucker Turner Twiggs 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 W. J. Lane and P. E. Nessmith. Those not voting were Messrs.: Adams, J. H. Adams, Marvin Atherton Bond Brantley, H. L. Brown, B. D. Burruss Busbee Carrell Collins, M. Dean, J. E. Dixon Dollar Greer Groover Hill, B. L. Horton, G. T. Howell Keyton Larsen, W. W. Matthews, D. R. Moyer Mullinax Patten, R. L. Phillips, L. L. Smith, V. B. Sweat Thomason Triplett Vaughn Waddle Mr. Speaker On the passage of the Bill, as amended, the ayes were 146, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. 2124 JOURNAL OF THE HOUSE, HB 1735. By Mr. Busbee of the 114th: A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to change the definition of the term "pollution"; to define the term "effluent limitations"; and for other purposes. The following Committee substitute was read and adopted: A BILL To be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", approved March 11, 1964 (Ga. Laws 1964, p. 416), as amended, so as to change the definition of the term "pollu tion"; to define the term "effluent limitation"; to define the term "pol lutant"; to define the term "point source"; to define the term "nonpoint source"; to require the establishment or revision of effluent limita tions; to require the performance of any and all acts necessary to carry out the purposes and requirements of the Act and of the Federal Water Pollution Control Act, as amended; to require a permit for the dis charge of pollutants from point sources into the waters of the State; to require a permit for the discharge of pollutants from non-point sources into the waters of the State; to provide for procedures, condi tions, reequirements, and guidelines related to the issuance of such permits; to provide a fixed term for such permits and a procedure for the issuance of new permits upon expiration of same; to provide for revocation, suspension or modification of such permits; to provide for monitoring, recording and reporting of such wasted discharges; to in crease the monetary civil penalty for violation of the Act: to increase the misdemeanor penalty for violation of the Act or final order of a court; to make it a misdemeanor to engage in certain other acts and to provide a penalty therefor; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. An Act known as the "Georgia Water Quality Control Act", approved March 11, 1964 (Ga. Laws 1964, p. 416), as amended, is hereby amended by striking subsection (f) of Section 3, which reads as follows: "(f) 'Pollution' means any alteration of the physical, chemical, or biological properties of the waters of this State, including change of the temperature, taste, or odor of the waters, or the addition of any liquid, solid, radioactive, gaseous, or other substances to the waters or the removal of such substances from the waters, which will render or is likely to render the waters harmful to the public health, safety, or welfare, or harmful or substantially less useful for domestic, municipal, industrial, agricultural, recreational, or other lawful uses, or for animals, birds, or aquatic life.", THURSDAY, FEBRUARY 14, 1974 2125 and substituting in lieu thereof a new subsection (f) of Section 3, to read as follows: "(f) 'Pollution', means the man-made or man inducted altera tion of the chemical, physical, biological and radiological integrity of water." Section 2. Said Act is further amended by adding a new subsection to Section 3 to follow subsection (k), to be designated subsection (1), to read as follows: "(1) 'Effluent limitation', means any restriction or prohibition established under this Act on quantities, rates, or concentrations, or a combination thereof, of chemical, physical, biological or other constituents which are discharged from point sources into the waters of the State, including, but not limited to, schedules of com pliance." Section 3. Said Act is further amended by adding a new subsection to Section 3 to follow subsection (1), to be designated subsection (m), to read as follows: "(m) 'Pollutant', means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial wastes, mun icipal waste and agricultural waste discharged into the waters of the State. It does not mean (1) sewerage from vessels or (2) water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well, used either to facilitate production or for disposal purposes, is approved by the appropriate authorities of this State and if such authorities determine that such injection or disposal will not result in degrada tion of ground or surface water resources." Section 4. Said Act is further amended by adding a new subsection to Section 3 to follow subsection (m), to be designated subsection (n), to rea das follows: "(n) 'Point source', means any discernible, confined, or discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, con centrated animal feeding operations or vessel or other floating craft, from which pollutants are or may be discharged." Section 5. Said Act is further amended by adding a new subsection to Section 3 to follow subsection (n), to be designated subsection (o), to read as follows: "(o) 'Non-point source', means any source which discharge pollutants into the waters of the State other than a point source." 2126 JOURNAL OF THE HOUSE, Section 6. Said Act is further amended by adding a new subsection to Section 5 to be designated subsection (15), to read as follows: "(15) Establish or revise through rules and regulations or permit conditions or both, effluent limitation based upon an assess ment of technology and processes unrelated to the quality of the receiving waters of this State." Section 7. Said Act is further amended by adding a new sub section to Section 5, to be designate subsection (16), to read as follows: "(16) Perform any and all acts necessary to carry out the purposes and requirements of this Act and of the Federal Water Pollution Control Act, as amended, relating to this State's partici pation in the National Pollutant Discharge Elimination System established under that Act." Section 8. Said Act is further amended by striking subsection (3) of Section 10, which reads as follows: "(3) Any person desiring to erect or modify facilities or com mence or alter an operation of any type which will result in the discharge of sewerage, industrial wastes or other wastes into the waters of the State shall apply to the Board for a permit to make such discharge as defined in this Act. The Board, under the condi tions it prescribes, may require the submission of such plans, spec ifications and other information as it deems relevant in connection with the issuance of the permits. The Board shall determine whether or not the discharge will cause a condition of pollution contrary to the public interest. The Board may issue a permit which authorizes the person to make the discharge, and may specify on the permit the conditions under which the discharge shall be made. The Division of Environmental Protection of the Department of Natural Resources may revoke or modify any permit for cause, including but not limited to the following: (a) violation of any condition of the permit; (b) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts; (c) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. In the event of modification or revocation of a permit, the Director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action.", and by substituting in lieu thereof a new subsection (3) of Section 10, to read as follows: "(3) Any person who owns or operates a facility of any type or who desires to erect, modify, alter or commence operation of a THURSDAY, FEBRUARY 14, 1974 2127 facility of any type which results or will result in the discharge of pollutants from a point source into the waters of the State shall ob tain a permit from the Director of the Division of Environmental Protection of the Georgia Department of Natural Resources to make such discharge. Any person desiring to erect, modify, alter or com mence operation of a facility which will result in such discharge but which is not discharging such pollutants as of the effective date of this subsection, must obtain such permit prior to the discharge of same. Any person who is operating a facility which results in such discharge as of the effective date of this subsection, may con tinue to make such discharge pending final action by the Director on the application for such discharge permit, provided such application has been filed with the Director within ninety days after the effec tive date of this subsection and provided further that such discharge does not present an immediate health hazard to the public. The Director, under the conditions he prescribes, may require the sub mission of such plans, specifications and other information as he deems relevant in connection with the issuance of such permits. The Director may, after public notice and opportunity for public hear ing, issue a permit which authorizes the person to make such dis charge upon condition that such discharge meets or will meet, pursuant to any schedule of compliance included in such permit, all water quality standards, effluent limitations and all other require ments established pursuant to this Act." Section 9. Said Act is further amended by adding a new subsec tion to Section 10, to be designated subsection (4), and to read as follows: "(4) Any person desiring to erect or modify facilities or com mence or alter an operation of any type which will result in the discharge of pollutants from a non-point source into the waters of the State, which will render or is likely to render such waters harm ful to the public health, safety, or welfare, or harmful or substantial ly less useful for domestic, municipal, industrial, agricultural, re creational, or other lawful uses, or for animals, births, or aquatic life, shall obtain a permit from the Director of the Division of Environmental Protection of the Georgia Department of Natural Resources to make such discharge. Any person desiring to erect, modify, alter or commence operation of a facility which will result in such discharge but which is not discharging such pollutants as of the effective date of this subsection, must obtain such permit prior to the discharge of same. The Director, under the conditions he prescribes, may require the submission of such plans, specifica tions and other information as he deems relevant in connection with the issuance of such permits. The Director may, after public notice and opportunity for public hearing, issue a permit which authorizes the person to make such discharge upon condition that such discharge meets or will meet, pursuant to any schedule of com pliance included in such permit, all water quality standards, effluent limitations and all other requirements established pursuant to this Act." Section 10. Said Act is further amended by adding a new subsection to Section 10 to be designated subsection (5), to read as follows: 2128 JOURNAL OF THE HOUSE, "(5) The Director of the Division of Environmental Protection of the Georgia Department of Natural Resources is authorized to require as conditions in permits issued under Sections 10(3) and 10(4) of this Act the achievement of effluent limitations established pursuant to this Act. In imposing effluent limitations as conditions in such permits, the Director shall base his determination upon the assessment of technology and processes unrelated to the quality of the receiving waters of this State. Effluent limitations required as conditions of such permits shall be achieved in the shortest reason able period of time consistent with State law and the Federal Water Pollution Control Act, as amended. The Director if further au thorized to set schedules of compliance and include such schedules within the terms and conditions of such permits for the discharge of such pollutants into the waters of the State and to prescribe terms and conditions for such permits, to assure compliance with applicable effluent limitations and water quality criteria established pursuant to this Act, including, but not limited to, requirements con cerning recording, reporting, monitoring, entry and inspection to the extent permissble under this Act, and such other requirements as are consistent with the purposes of this Act." Section 11. Said Act is further amended by adding a new sub section to Section 10 to be designated subsection (6), and to read as follows: "(6) Each permit issued under Sections 10(3) and 10(4) of this Act shall have a fixed term not to exceed five years. Upon expira tion of such permit, a new permit may be issued by the said Director after review by the Director in accordance with such guidelines as he shall prescribe; after notice and opportunity for public hearing; and upon condition that the discharge meets or will meet, pursuant to any schedule of compliance included in such permit, all applicable water quality standards, effluent limitations and all other require ments established pursuant to this Act. The Director is authorized to include in permits issued under this subsection such terms and conditions as are authorized under subsections (3) and (5) of Sec tion 10 of this Act. The Director may revoke, suspend or modify any permit issued under Section 10(3), Section 10(4) or Section 10(6) of this Act for cause, including but not limited to the following: (a) violation of any condition of said permit; (b) obtaining a permit by misrepresentation, or failure to dis close fully all relevant facts; (c) change in any conditions that requires either a temporary or permanent reduction or elimination of the permitted discharge. In the event of modification, suspension 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 12. Said Act is further amended by adding a new Section THURSDAY, FEBRUARY 14, 1974 2129 between Sections 16 and 17 to be designated Section 16A, to read as fol lows: "Section 16A. Monitoring, Recording and Reporting. Whenever required to carry out the objective of this Act, including but not limited to (1) developing or assisting in the development of any effluent limitation, or other limitation, prohibition or standard under this Act or any rule or regulation promulgated and adopter pursuant to this Act; (2) determining whether any person is in violation of any effluent limitation, or other limitation, prohibition or standard under this Act or any rule or regulation promulgated and adopted purusant to this Act; or (3) encouraging or insuring compliance with any effluent limitation, or other prohibition or standard under this Act or any rule or regulation promulgated and adopted pursuant to this Act, the Director of the Division of Environmental Protection of the Georgia Department of Natural Resources may by order, permit or otherwise in writing, require the owner or operator of a facility of any type which results in the discharge of pollutants into the waters of the State to: (a) establish and maintain records; (b) make reports; (c) install, use and maintain monitoring equipment or methods, including where appropriate, biological monitoring methods; (d) sample such discharge, in accordance with such methods, at such locations, at such intervals, and in such manner as the Director shall prescribe; and (e) provide such other information as he may reasonably re quire." Section 13. Said Act is further amended by striking subsection (a) of Section 22A, which reads as follows: "(a) Civil Penalties.--Any person violating any provision of this Act or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the Director of the Division of Environmental Protection of the Department of Natural Resources issued as herein provided shall be liable to a civil penalty not to exceed $1,000.00 for such violation and an additional civil penalty not to exceed $500.00 for each day during which such viola tion continues.", in its entirety and by substituting in lieu thereof a new subsection (a) of Section 22A, to read as follows: "(a) Civil Penalties.--Any person violating any provision of this Act or any permit condition or limitation established purusant to this Act, or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the Director of the 2130 JOURNAL OF THE HOUSE, Division of Environmental Protection of the Georgia Department of Natural Resources issued as herein provided, shall be liable to a civil penalty not to exceed $10,000,00 per day for each day during which such violation continues." Section 14. Said Act is further amended by striking Section 22, which reads as follows: "Section 22. Penalty for Violation of Act. Any person violating any provision of this Act or failing, neglecting, or refusing to comply with any final order of a court, lawfully issued as herein provided, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. Each day of continued violation after conviction shall constitute a separate offense.", in its entirety and by substituting in lieu thereof a new Section 22, to read as follows: "Section 22. Penalty for Violation of Act. (a) Any person who violates any provision of this Act or any permit condition or limitation established pursuant to this Act, or fails, neglects or refuses to comply with any final order of a court, lawfully issued as herein provided, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $2,500.00 per day nor more than $25,000.00 per day of viola tion or by imprisonment for no more than one year, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000.00 per day of violation or by imprisonment for not more than two years, or both. (b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Act, or by any permit, rule, regulation or order issued under this Act, or who falsifies, tampers with, or knowingly renders in accurate any monitoring device or method required to be maintained under this Act or by any permit, rule, regulation, or order issued under this Act, shall be guilty of a misdemeanor and, upon convic tion thereof, shall be punished by a fine of not more than $10,000.00 or by imprisonment for not more than six months, or by both." Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. THURSDAY, FEBRUARY 14, 1974 2131 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 Bohannon Bostick Brantley, H. H. Bray Brown, S. P. Buck Busbee Carlisle Carr Carrell Chance Clark Cole Coleman Collins, S. Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dickey Dollar Dorminy Duke Edwards Egan Ellis Evans Farrar Floyd, L. R. Foster Eraser Geisinger Gignilliat Grahl Grantham Greer Groover Harden Harris, J. F. Harris, J. R. Harrison Hatcher Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, R. Irwin Jessup Johnson Jones Jordan Karrh Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. McCracken McDonald McKinney Morgan Moyer Mulherin Mullinax Nessmith Nix Northcutt Odom Oxford Patten, G. C. Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Ritchie Rogers Ross Rush Russell, J. Russell, W. B. Savage Shanahan Smith, V. B. Snow Stephens Strickland Sweat Thomason Toles Townsend Triplett Tucker Turner Vaughn Waddle Walker Wall Wamble Ware Wheeler, Bobby Wheeler, J. A. Willis Wilson, J. M. 2132 JOURNAL OF THE HOUSE, Those voting in the negative were Messrs.: Colwell Dixon Irvin, J. King Lane, W. J. Milford Whitmire Williams Wood Those not voting were Messrs.: Blackshear Bond Brantley, H. L. Brown, B. D. Brown, C. Burruss Burton Castleberry Collins, M. Elliott Ezzard Ployd, J. H. Hamilton Harrington Hawes Hill, G. Howell Keyton Matthews, D. R. Mauldin McDaniell Miles Noble Patten, R. L. Petro Roach Sams Shepherd Smith, J. R. Thompson Twiggs Wilson, M. L. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 138, nays 9. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1616. By Mr. Harrington of the 93rd: A Bill to be entitled an Act to amend an Act known as the "Executive Reorganization Act of 1972", so as to permit the Commissioner of the Department of Human Resources to delegate powers and authority con ferred on him to employees of the Department; and for other purposes. A floor substitute, offered by Mr. Mulherin of the 81st, was read and ruled out of order by the Speaker. Mr. Mulherin of the 81st moved that further consideration of HB 1616 be postponed until tomorrow immediately following the period of unanimous consents. The motion prevailed. Mr. Floyd of the 5th arose to a point of personal privilege and addressed the House. THURSDAY, FEBRUARY 14, 1974 2133 Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time: HR 41-135. By Messrs. Snow of the 1st, Lee of the 114th, Russell of the 53rd and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the term(s) of office, election, nomination, and appointment of certain justices and judges; to provide for a Judicial Nominating Commission and the members, powers, duties, qualifications and terms thereof; to provide for eligibility for nomination or election as a justice of the Supreme Court, judge of the Court of Appeals, or judge of the Superior Court; to provide for the retirement of justices and judges; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. Article VI, Section II of the Constitution is hereby amended by striking Paragraph III in its entirety and inserting in lieu thereof a new Paragraph III, to read as follows: "Paragraph III. (a) Terms of Office and Election. The terms of the Justices of the Supreme Court shall be for a period of six years and until their successors are qualified. The terms of the Justices in office on January 1, 1973, shall be for a period of six years from the date of their election, except those Justices who have been elected for an unexpired term, in which event the term shall extend to the end of the unexpired term to which the Justice was elected. Justices shall be elected by the people at the same time and in the same manner as members of the General Assembly. The returns of such elections shall be made to the Secretary of State, who shall certify the results to the Governor, and commission shall issue accordingly. (b) Nomination and Appointment. A vacancy in the office of Justice of the Supreme Court or Judge of the Court of Appeals shall be filled by the Governor from a list of three nominees pre sented to him by the Judicial Nominating Commission. The person so appointed shall hold office until the next general election held more than one year after his appointment, at which time he shall stand for election for the remainder of the unexpired term of the Justice whom he was appointed to succeed, or for a full term if the unexpired term has terminated. (c) Judicial Nominating Commission. There shall be a Judicial Nominating Commission for the Supreme Court and the Court of Appeals for the purpose of submitting nominations to the Governor. 2134 JOURNAL OF THE HOUSE, The Commission shall consist of ten members. The General As sembly shall divide the state into five geographical areas with substantially equal populations, with each judicial circuit lying completely within one of the five areas. The General Assembly shall divide the state into five geographical areas with substantially equal populations, with each judicial circuit lying completely within one of the five areas. The General Assembly shall revise the boundaries of said areas every ten years. The members of the Board of Governors of the State Bar of Georgia from each area shall elect one member of the State Bar from their area, who shall have practiced law in this State for at least seven years, to serve as a member of the Commission. The Governor shall appoint a citizen, not a member of the State Bar of Georgia, from each geographical area to serve as a member of the Commission. Of the initial mem bership of the Commission, three of the members elected by the Board of Governors and three of the members appointed by the Governor shall serve for terms of two years each, and all other mem bers shall serve for four years each. Thereafter, all members shall serve for terms of four years each and until their successors are elected or appointed and have qualified. No member of the Commis sion shall be eligible to succeed himself. When a vacancy occurs or a member ceases to possess the qualifications which entitled him to be elected or appointed as a member, the electing or appointing author ity shall select his successor for the unexpired term. A majority of the Commission shall constitute a quorum. The Commission shall select one of its members to serve as chairman. Before designating nominees to fill any vacancy, the Commission shall hold at least one meeting to consider recommendations regarding such nominations. No member of the Commission shall receive any compensation for his services but shall be allowed his necessary expenses for travel, board and lodging incurred in the performance of his duties. No mem ber of the Commission shall hold any other public office or office in a political party or organization nor shall he be eligible for appointment to a state judicial office while he is a member of the Commission and for a period of one year thereafter. (d) Eligibility. To be eligible for nomination or election as a Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Court, a person must have attained the age of thirty years, have been a citizen of the state for three years immediately preceding, have practiced law in Georgia for seven years, and be admitted and remain eligible to practice law in the State of Georgia. To be eligible for nomination or election as a Judge of the Superior Court, a person also must be a resident of the circuit in which he is to serve. (e) Retirement. Every Justice and Judge shall retire at the age specified by statute, but compulsory retirement shall not be fixed at less than sixty-five years. The Supreme Court is hereby empowered to authorize retired Justices and Judges to perform judicial duties in any court in the State." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. THURSDAY, FEBRUARY 14, 1974 2135 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 for the term(s) of office, election, nomina- ( ) NO tion, and appointment of certain justices and judges; to provide for a Judicial Nominating Commission and the members, powers, duties, qualifications and terms thereof; to provide for eligibility for nomination or election as a justice of the Supreme Court, judge of the Court of Appeals, or judge of the Superior Court and to provide for the retirement of justices and judges?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee amendment was read and adopted: The Judiciary Committee amends HR 41-135 as follows: Line 6, page 2: by striking the word "three" and inserting in lieu thereof the word "five." The following amendment was read and adopted: Mr. Dean of the 60th moves to amend HR 41-135 as follows: By striking subparagraph (d) beginning on line 24 of page 3 in its entirety and inserting in lieu thereof a new subparagraph (d) to read as follows: "(d) Eligibility. To be eligible for nomination or election as a Justice of the Supreme Court or Judge of the Court of Appeals, a person must have attained the age of thirty years, have been a citizen of the State for three years immediately preceding, have practiced law in Georgia for seven years, and be admitted and re main eligible to practice law in the State of Georgia." The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to, as amended. 2136 JOURNAL OF THE HOUSE, On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Beckham Bennett Berlin Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Burton Busbee Carr Castleberry Chance Clark Cole Collins, S. Colwell Coney Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dickey Dixon Dollar Dorminy Duke 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. Harrison Hatcher Hawes Hays Horton, G. T. Howell Hudson Hutchinson Irvin, J. Irvin, R. Jessup Johnson Jones Jordan Karrh King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee Levitas Lewis Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McKinney Miles Milford Morgan Moyer Mulherin Mullinax Nix Noble Odom Oxford Patten, G. C. Patterson Peters Phillips, L. L. Pinkston Rainey Ritchie Roach Rogers Ross Rush Russell, W. B. Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood THURSDAY, FEBRUARY 14, 1974 2137 Those voting in the negative were Messrs.: Floyd, L. R. Irwin Larsen, W. W. Savage Those not voting were Messrs.: Alexander, W. M. Bailey Berry Brantley, H. L. Carlisle Carrell Coleman Collins, M. Dean, N. Edwards Ezzard Hill, B. L. Hill, G. Horton, W. L. Howard Keyton Lane, W. J. Logan McCracken McDaniell McDonald Nessmith Northcutt Patten, R. L. Pearce Petro Phillips, G. S. Reaves Russell, J. Sams Shepherd Wamble Willis Mr. Speaker On the adoption of the Resolution, as amended, the ayes were 142, nays 4. The Resolution, having received the requisite two-thirds constitutional major ity, was adopted, as amended. The following Resolution of the House was taken up for the purpose of con sidering the Senate amendment thereto: HR 259-983. By Messrs. Connell of the 80th, Carr of the 90th, Wilson of the 94th and others: A Resolution preposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the payment of $250,000 to the first person, firm or corporation, or combination thereof, which establishes a plant for the commercial production of aluminum ore from kaolin and produces a minimum of 300,000 tons annually; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. The following Senate amendment was read: Senator Sutton of the 9th offers the following amendment to HR 259: By adding on page 1, line 19, a new sentence to read as follows: 2138 JOURNAL OF THE HOUSE, "The kaolin must be mined in Georgia and the manufacturing plant located in Georgia." Mr. Connell of the 80th moved that the House agree to the Senate amend ment to HR 259-983. On the motion, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Atherton 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 Chance Clark Cole Coleman Collins, M. Collins, S. Colwell Connell Daugherty Oavis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dickey Dixon Dollar Dorminy Edwards Egan Elliott Ellis Evans Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Gignilliat Grantham Groover Hamilton Harden Harrington Harris, J. F. Harrison Hatcher Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Karrh King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell Miles Milford Morgan Moyer Mulherin Mullinax Nix Noble Odom Oxford Patten, G. C. Patterson Pinkston Reaves Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tucker Turner THURSDAY, FEBRUARY 14, 1974 2139 Twiggs Waddle Walker Wall Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson, J. M. Wilson, M. L. Wood Voting in the negative was J. R. Harris. Those not voting were Messrs.: Adams, J. H. Alexander, W. M. Alien Brantley, H. L. Carrell Coney Dean, J. E. Duke Ezzard Fraser Grahl Greer Horton, W. L. Howard Howell Jones Jordan Keyton Lane, W. J. McCracken McDonald McKinney Nessmith Northcutt Patten, R. L. Pearce Peters Petro Phillips, G. S. Phillips, L. L. Rainey Ritchie Shepherd Vaughn Wamble Willis Mr. Speaker On the motion, the ayes were 142, nays 1. The motion prevailed and the Senate amendment to HR 259-983 was agreed to. Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time: HB 1012. By Mr. Atherton of the 19th: A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to authorize counties and certain municipalities to levy a local sales and use tax; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to amend an Act known as the "Georgia Re- 2140 JOURNAL OF THE HOUSE, tailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to authorize counties and certain municipalities to levy a local sales and use tax under certain conditions; to provide for the administration and collection of such taxes; to provide for the distribution of the proceeds of said tax; to de fine certain terms; to provide the procedures for the discontinuance of said tax; to provide conditions which must be met prior to levying such tax; to authorize the State Revenue Commissioner to adopt rules and regulations for the administration of said tax; to provide that the im position of said tax shall not be authorized under certain condi tions; to provide for all matters relative to the foregoing; to provide how this Act shall become effective; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by adding in the first sentence of Section 25, after the word "systems", the following: "and except as provided in Section 26A,", so that when so amended, Section 25 shall read as follows: "Section 25. Political subdivisions prohibited from imposing sales or use taxes; exception. Except as the General Assembly may authorize counties and municipalities to raise funds for rapid transit systems, and except as provided in Section 26A, no county, municipal ity, school district or political subdivision of the State shall impose, levy, or collect a gross receipts, sales or use tax, or tax on amusement admission or services included in this Chapter: Provided, however, that the provisions of this Section shall not be construed to apply to a fixed license, occupational or franchise tax based on gross receipts or on a gross receipts basis; and provided further, that no county or municipality shall be prohibited from levying or collecting an excise tax on malt beverages and/or wine, or upon spirituous liquors." Section 2. Said Act is further amended by adding a new Section, to be known as Section 26A, to read as follows: "Section 26A. Local governments authorized to levy a local retail sales tax. (a) Subject to the requirement of a referendum election as provided by subsection (b) of this Section, the governing authority of each county is empowered to impose a sales and use tax authorized by this Act at the rate of 1%. (b) Whenever the governing authority of any county wishes to impose the sales and use tax authorized by this Section, said governing authority shall notify the Ordinary or election board chairman of such county of the desire to impose such tax, and it THURSDAY, FEBRUARY 14, 1974 2141 shall be the duty of the Ordinary or election board chairman to issue the call for an election for the purpose of submitting the ques tion of the imposition of such tax to the voters of said county for approval or rejection. The Ordinary or election board chairman shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The Ordinary or election board chairman shall cause the date and purpose of the election to be published once a week for two weeks immediately pre ceding the date thereof in the official organ of said county. The ballot shall have written or printed thereon the following: '( ) YES Shall (name of county) County levy a retail sales ( ) NO tax of 1%?' All persons desiring to vote in favor of levying such tax shall vote 'Yes', and those persons opposed to levying such tax shall vote 'No'. If more than one-half of the votes cast on such question are in favor of levying such tax, then such tax may be levied in accordance with the provisions of this Section, otherwise such tax may not be levied, and the question of the imposition of such tax may not again be submitted to the voters of said county within 24 months im mediately following the month in which such election was held. It shall be the duty of the Ordinary or election board chairman to hold and conduct such election under the same rules and regulations as govern special elections, except as otherwise provided herein. It shall be his further duty to canvass the returns and declare and certify the result of the election and to certify the result thereof to the Secretary of State and to the State Revenue Commissioner. The expense of any such election shall be borne by the county wherein the election was held. (c) If such action is approved in a referendum election as provided by subsection (b) of this Section, the governing authority of any county shall be authorized to levy a local sales tax under this Section by adopting a resolution during the first thirty (30) days of any calendar quarter stating its purpose and referring to this Section, and providing that such resolution shall be effective on the first day of the second succeeding quarter after its adoption. A certified copy of such resolution shall be forwarded to the State Revenue Commissioner so that it will be received within five (5) days after its adoption. (d) The tax levied pursuant to this Section shall be exclusively administered and collected by the State Revenue Commissioner for the use and benefit of the political subdivisions levying or entitled to the proceeds of such tax. Such administration and collection shall be accomplished in the same manner and subject to the same ap plicable provisions, procedures and penalties provided hereinbefore. (e) The proceeds of the tax collected by the State Revenue Com missioner under this Section shall be dispersed as soon as prac ticable after collection as follows: 2142 JOURNAL OP THE HOUSE, (1) One percent of the amount collected shall be paid into the general fund of the State Treasury in order to defray the costs of the administration. (2) Except for the percentage provided for in paragraph (1) hereof, the county levying such tax shall receive that portion of the proceeds of such tax as the population of the unincorporated areas of such county bears to the total population of such county. (3) Except for the percentage provided for in paragraph (1) hereof, each incorporated municipality lying wholly or partially within the county levying such tax shall receive that portion of the proceeds of such tax as such municipality's population, lying wholly within the county levying such tax, bears to the total population of such county. (4) As used in paragraphs (2) and (3) hereof, population means population as determined by the United States Decennial Census of 1970 or any future such census. (f) (1) In the event the governing authority of the most populous municipality within a particular county shall adopt a resolution requesting the governing authority of the county to levy the tax authorized by this Section, and the governing authority of such county shall not initiate a referendum election as provided for in subsection (b) of this Section within ninety (90) days after the adoption of the municipality's resolution, the governing authority of any municipality located in any such county shall be authorized to issue the call for a referendum election on the question of the imposition of such tax within the corporate limits of such municipal ity. The provisions of subsection (b) of this Section shall apply to a referendum election held by a municipality as provided herein except that: (i) The call for such referendum election shall be issued by the governing authority of the municipality and, (ii) The municipal superintendent of elections shall 'carry out the duties prescribed for the Ordinary or election board chairman by said subsection (b) and, (iii) The question on the ballot shall be changed to apply to the municipality and, (iv) The cost of the referendum election shall be borne by the municipality. If the imposition of such tax is approved at the referendum election provided for herein, then the entire proceeds of such tax, except for the percentage provided for in paragraph (1) of sub section (e) of this Section shall be disbursed to the municipality levying such tax, and the tax imposed by such a municipality shall be levied in the same manner and under the same conditions and THURSDAY, FEBRUARY 14, 1974 2143 in accordance with the provisions of this Section in the same manner as if a county were levying such tax. (2) In the event that any county shall subsequently hold a re ferendum election on the question of imposing the tax authorized by subsection (a) of this Section and the imposition of such tax is ap proved at such referendum election, then the authority of any municipality located within any such county to impose the tax authorized pursuant to paragraph (1) of this subsection shall cease upon the effective date of the imposition of such tax by any such county. (g) As used within this Section, the term 'municipality' shall mean only those incorporated municipalities which impose a tax other than the tax authorized for by this Section and which provide at least three of the following services: (1) Water. (2) Sewage. (3) Garbage collection. (4) Police protection. (5) Fire protection. (6) Library. (h) Any political subdivision levying the tax authorized by this Section may cease to impose said tax effective on the first day of January following the adoption of a resolution evidencing its intent to discontinue levying such tax, provided a certified copy of said resolution is immediately transmitted to the State Revenue Com missioner. (i) As a condition precedent for authority to levy the tax authorized by this Section for the year following the initial year in which it is levied, the governing authority of any political sub division receiving any proceeds from the imposition of such tax shall adjust the mill rate for ad valorem taxation for such political subdivision so that the aggregate revenue derived from ad valorem taxation by such political subdivision shall not exceed that total received from such taxation for the previous year less an amount which shall equal the net proceeds derived by such political sub division from the tax imposed pursuant to this Section during the previous year. (j) The State Revenue Commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary in order that he might effectively and efficiently admin ister and enforce the collection of the tax authorized to be imposed by this Section. 2144 JOURNAL OF THE HOUSE, (k) Any other provisions of this Section to the contrary not withstanding, if a county or municipality within a county levies a local income tax, then such county and all municipalities within such county shall be bound by the terms and conditions of the Act authorizing such local income tax for as long as such tax remains in effect in such county or in any municipality within such county, and such county and all municipalities within such county are pro hibited from levying the tax authorized by this Section during such period of time." Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid of unconstitu tional, the entire Act shall be void and of no force and effect. The Gen eral Assembly hereby declares that it would not have passed any part of this Act if it had known that any part of it would be declared or adjudged invalid or unconstitutional. Section 4. This Act shall not become effective unless the General Assembly shall enact and the Governor shall approve an Act authorizing the counties and certain municipalities of this State to impose a local in come tax. In such event, this Act shall become effective on the first day of July after such approval of said income tax Act by the Governor. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendments were read and adopted: Messrs. Connell of the 80th and Larsen of the 102nd move to amend the Com mittee substitute to HB 1012 as follows: (1) Each sales tax return remitting taxes collected hereunder shall separately identify the location of each retail establishment at which establishment any of the taxes remitted were collected and shall specify the amount of sales and amount of taxes collected at each such establishment for the period concerned by the return so as to thereby facilitate determination by the Revenue Commissioner that all taxes concerned by this section are collected and distributed according to situs of sale. Mr. Levitas of the 50th moves to amend the Committee substitute to HB 1012 as follows: By adding a new subsection in quoted Section 26A to read as follows: (1) that no tax shall be imposed upon the sale of tangible per sonal property which is ordered by and delivered to the purchaser at a point outside the georgraphical area govered by any of the local governments imposing the tax, regardless of the point at which THURSDAY, FEBRUARY 14, 1974 2145 title passes, if such delivery is made by the seller's vehicle, U. S. mail, common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.", Mr. Harris of the 51st moves to amend the Committee substitute to HB 1012 as follows: By adding in line 18, page 5, after the word "municipality" the fol lowing : "; provided, however, that as to DeKalb County, it shall be conclusively presumed that the City of Decatur is the most populous municipality within the meaning of this Act. An amendment, offered by Mr. Atherton of the 19th, was read and lost. The following amendment was read: Mr. Geisinger of the 44th moves to amend the Committee substitute to HB 1012 as follows: By deleting the word "initial" on line 6, page 7. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, Marvin Bailey Bohannon Bostick Burton Carr Coleman Collins, M. Collins, S. Colwell Connell Davis, W. Dean, Gib Dean, N. Dollar Edwards Evans Farrar Floyd, J. H. Floyd, L. R. Foster Geisinger Harrington Harris, J. F. Hill, G. Irvin, J. Irwin Jessup Johnson Jordan Karrh Lane, Dick Lane, W. J. Larsen, W. W. Lee Lowrey Mason Matthews, D. R. Mauldin Milford Moyer Mulherin Nessmith Noble Northcutt Odom Oxford 2146 Patten, G. C. Patterson Pinkston Ross Rush Savage JOURNAL OF THE HOUSE, Shanahan Smith, J. R. Smith, V. B. Strickland Toles Twiggs Waddle Walker Wall Wheeler, Bobby Wheeler, J. A. Those voting in the negative were Messrs. Adams, J. H. Alexander, W. H. Alexander, W. M. Alien Atherton Beckham Bennett Berry Blackshear Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Carlisle Carrell Castleberry Chance Cole Daugherty Davis, E. T. Dean, J. E. Dent Dickey Dixon Dorminy Duke Egan Elliott Ellis Ezzard Fraser Gignilliat Grantham Greer Hamilton Harden Harris, J. R. Hatcher Hawes Hays Hill, B. L. Horton, G. T. Horton, W. L. Howard Hudson Hutchinson Irvin, R. Jones King Knight Kreeger Larsen, G. K. Le vitas Lewis Logan Marcus Matthews, C. McDaniell McDonald Miles Morgan Mullinax Nix Peters Rainey Reaves Ritchie Rogers Russell, J. Russell, W. B. Sams Snow Townsend Triplett Tucker Vaughn Wamble Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those not voting were Messrs.: Adams, John Berlin Brantley, H. L. Busbee Clark Coney Grahl Groover Harrison Howell Keyton Lambert McCracken McKinney Patten, R. L. Pearce Petro Phillips, G. S. Phillips, L. L. Roach Shepherd Stephens Sweat Thomason Thompson Turner Ware Mr. Speaker On the adoption of the amendment, the ayes were 65, nays 87. THURSDAY, FEBRUARY 14, 1974 2147 The amendment 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, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berry Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burruss Burton Carrell Castleberry Cole Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dickey Dixon Dorminy Duke Egan Elliott Ellis Ezzard Farrar Floyd, L. R. Foster Gignilliat Grantham Greer Hamilton Harris, J. R. Harrison Hawes Hays Horton, G. T. Horton, W. L. Howard Hudson Irvin, R. Johnson Jones Jordan King Knight Kreeger Larsen, G. K. Lee Levitas Logan Lowrey Marcus Mason Matthews, D. R. McDonald Miles Morgan Moyer Mulherin Mullinax Nix Noble Northcutt Patten, G. C. Phillips, L. L. Pinkston Reaves Ritchie Russell, W. B. Sams Savage Smith, J. R. Snow Townsend Triplett Tucker Turner Vaughn Waddle Walker Wamble Wheeler, Bobby Whitmire Williams Wilson, J. M. Wood 2148 JOURNAL OF THE HOUSE, Those voting in the negative were Messrs. : Adams, G. D. Blackshear Bohannon Brown, B. D. Carlisle Carr Chance Coleman Collins, M. Collins, S. Colwell Connell Dean, Gib Dent Dollar Edwards Evans Floyd, J. H. Geisinger Groover Harden Harrington Harris, J. F. Hatcher Hill, B. L. Hill, G. Hutchinson Irvin, J. Irwin Jessup Karrh Lane, W. J. Larsen, W. W. Lewis Mauldin McDaniell Milford Nessmith Odom Oxford Patterson Peters Rainey Roach Rogers Ross Rush Russell, J. Shanahan Smith, V. B. Strickland Sweat Thompson Toles Wall Wheeler, J. A. Willis Wilson, M. L. Those not voting were Messrs.: Berlin Bond Brantley, H. L. Busbee Clark Coney Fraser Grahl Howell Keyton Lambert Lane, Dick Matthews, C. McCracken McKinney Patten, R. L. Pearce Petro Phillips, G. S. Shepherd Stephens Thomason Twiggs Ware Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 97, nays 58. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Mr. Floyd of the 5th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 1012, by substitute, as amended. THURSDAY, FEBRUARY 14, 1974 2149 HR 634-1893. By Messrs. Murphy of the 18th, Colwell of the 4th, Harrington of the 93rd and Groover of the 75th: A RESOLUTION APPROVING AND AUTHORIZING the severance of Tract 5 [pre sently subleased to Consolidated Atlanta Properties, Ltd. ("Consoli dated")] from that certain Lease dated December 26, 1950, as amended, between the Western and Atlantic Railroad Commission, as lessor, and Peachtree-Whitehall, Inc. ("Peachtree"), as lessee ("1950 Lease"); ap proving and authorizing the incorporation of said Tract 5 into the amend ment to the 1950 Lease as set forth in Exhibit "A" attached hereto ("Amended Tract 5 Lease") and the execution of said Amended Tract 5 Lease by and between the State Of Georgia, as lessor, and the Trustees Under the Will of Ben J. Massell, Deceased (successors to the assignees of Peachtree) ("Trustees"), as lessee; consenting to the assignment by the said Trustees to Downtown Development Corp. ("Downtown") of all their rights, title and interest in and to Tract 5 as set forth in said Amended Tract 5 Lease by the instrument set forth in Exhibit "B" at tached hereto; consenting to the subsequent assignment by Downtown to Consolidated of all of its right, title and interest in and to said Tract 5 by the instrument set forth in Exhibit "C" attached hereto; approving and authorizing the execution by and between the State Of Georgia, as Lessor, and the said Trustees, as lessee, of the further amendment to the said 1950 Lease, set forth in Exhibit "D" attached hereto, with respect to the property remaining under the said 1950 Lease; authorizing (fol lowing the execution of the Amendment To Lease set forth in Exhibit "F" attached hereto) the severance of portions of Tracts 3 and 5 (pre sently subleased to Consolidated) from that Lease dated March 1, 1972, as amended, between the State Of Georgia, as lessor, and Allright Parking of Georgia, Inc. ("Allright"), as lessee, ("1972 Allright Lease"), and the execution by and between the State Of Georgia, as lessor, and Allright, as lessee, of the Amendment To Lease set forth in Exhibit "E" attached hereto, effectuating the severance of said por tions of Tracts 3 and 5 from the 1972 Allright Lease; approving and authorizing the execution by and between the State Of Georgia, as Les sor, and Consolidated, as lessee, of the Amendment To Leases set forth in Exhibit "F" attached hereto, wherein is incorporated said Tract 5 of the 1950 Lease and the said portions of Tracts 3 and 5 of the 1972 Allright Lease with those certain State-owned air rights located between the Forsyth Street Vidauct and the Techwood Viaduct in Atlanta, Georgia, as now leased by the State Of Georgia to Consolidated by virtue of that certain Lease dated January 12, 1960, as amended and assigned and that certain Lease dated May 15, 1970, as assigned; providing an effective date; and for other purposes. WHEREAS, under and by virtue of that certain Lease dated De cember 26, 1950, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Com mission, acting for the State Of Georgia and by virtue of and pursuant to the authority granted by Resolution Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 17, 1950 (Ga. Laws 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corpora tion, as lessee, recorded in Deed Book 2599, Pages 508-512, of the 2150 JOURNAL OF THE HOUSE, Records of the Clerk of the Superior Court of Fulton County, Georgia, said Lease, as subsequently amended from time to time as more par ticularly hereinafter set forth, being hereinafter referred to as the "1950 Lease", lessor did lease and demise unto Peachtree-Whitehall, Inc., certain real property (consisting of air rights only) located in Fulton County, Georgia (and being designated in the said 1950 Lease as Tracts 3, 4 and 5, respectively), a portion of which real property (being the same property as is designated as Tract 5 in the said 1950 Lease) is more particularly described in Exhibit "A" hereof, which Exhibit "A" is attached hereto, incorporated herein and by this reference made a part of this Resolution; and WHEREAS, the said 1950 Lease was confirmed by Resolution Act No. 11 passed by the 1951 Regular Session of the Georgia General As sembly and approved by the Governor of the State Of Georgia on February 19, 1951 (Ga. Laws 1951, pp. 824-826); and WHEREAS, the said 1950 Lease was subsequently amended by Resolution Act No. 469 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 21, 1951 (Ga. Laws 1951, pp. 748-749), and by an agreement between the parties to the said 1950 Lease dated December 21, 1954, recorded in Deed Book 4420, Pages 579-583, aforesaid Records; and WHEREAS, the said 1950 Lease was assigned by Peachtree-White hall, Inc., to Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees (Marital Deduction Trust) under the Will of Ben J. Massell, deceased ( said individuals being hereinafter sometimes collectively re ferred to as the "Massell Trustees"), by a Transfer of Lease dated May 31, 1968, and recorded in Deed Book 5022, Page 185, aforesaid Records; and WHEREAS, under and by virtue of that certain unrecorded Sub lease dated August 15, 1969, entered into by and between the Massell Trustees, as Sublessor, and Downtown Development Corp., a Georgia corporation (hereinafter sometimes referred to as "Downtown"), as Sub lease, as subsequently amended from time to time, being hereinafter referred to as the "1969 Sublease", the Massell Trustees did lease and demise unto Downtown certain real property (consisting of air rights only) located in Fulton County, Georgia (said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease), a portion of which real property (being the same property as was designated as Tract 5 in the said 1969 Sublease) is more particularly described in Exhibit "A" hereof; and WHEREAS, the said 1950 Lease was further amended by an unrecorded agreement entered into by and between Lessor, acting through the State Properties Control Commission, a successor in law to the Western and Atlantic Railroad Commission, by virtue of and pursuant to the authority granted by Resolution Act No. 126 passed by the 1970 Regular Session of Georgia General Assembly and approved by the Governor of the State Of Georgia on March 20, 1970 (Ga. Laws THURSDAY, FEBRUARY 14, 1974 2151 1970, pp. 408-415), as Party Of The First Part, and the Massell Trustees and Downtown, as Parties Of The Second Part; and WHEREAS, the said 1969 Sublease was amended by an unrecorded agreement entered into by and between the Massell Trustees and Down town, dated May 14, 1970; and WHEREAS, the Massell Trustees, as Sublessor, and Downtown, as Sublessee, did enter into a restated Sublease dated May 31, 1971, herein after referred to as the "1971 Sublease", a short form of which is recorded in Deed Book 5477, Pages 118-120, aforesaid Records, which 1971 Sublease provides that it contains the entire agreement of the parties thereto and supersedes the said 1969 Sublease; and under the terms of which 1971 Sublease the Massell Trustees did lease and demise unto Downtown certain real property located in Fulton County, Georgia (said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease and being the same property as was demised under the said 1969 Sublease), a portion of which real property (being the same property as is designated as Tract 5 in the said 1971 Sublease) is more particularly described in Exhibit "A" hereof; and WHEREAS, under and by virtue of an assignment dated as of No vember 26, 1973, and recorded in Deed Book 5946, Pages 67-68, aforesaid Records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Donwtown Development Corp., a Georgia corporation, FM Air Rights Company, a Delaware corporation, and City Center, Inc., a Georgia corporation, said Donwtown Development Corp., FM Air Rights Company and City Center, Inc., comprising a joint venture doing business under the name of Atlanta Air-Rights Co. and being hereinafter sometimes collectively referred to as "Atlanta Air-Rights Co."; and WHEREAS, under and by virtue of an assignment dated as of No vember 26, 1973, recorded in Deed Book 5946, Pages 321-323, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Con solidated Atlanta Properties, Ltd., a Fulton County, Georgia Limited Partnership ("Consolidated"); and WHEREAS, Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees Under the Will of Ben J. Massell, deceased ("Trust ees"), successors in interest to the Massell Trustees, and Consolidated propose that the portion of the real property demised by the Western and Atlantaic Railroad Commission to Peachtree-Whitehall, Inc., under the said 1950 Lease (and therein designated as Tract 5), being a portion of the property demised by the Massell Trustees to Downtown under the said 1971 Sublease (said property being more particularly described in Exhibit "A" hereof and being hereinafter sometimes referred to as the "Severed Peachtree-Whitehall Property"), be severed from the said 1950 Lease; that the said 1971 Sublease be terminated as to the Severed Peachtree-Whitehall Property; and that the Severed Peachtree-White hall Property be incorporated into an amendment to the 1950 Lease to be entered into by and between the State Of Georgia and the Trustees 2152 JOURNAL OF THE HOUSE, upon substantially the same terms and conditions, appropriately prorated, as were contained in the said 1950 Lease, as amended, which amendment is attached to, incorporated in and by reference made a part of this Resolution as Exhibit "A" hereof; and WHEREAS, the Trustees, Downtown and Consolidated propose that upon the execution of the Amendment To Lease set forth in the afore said Exhibit "A" hereof, the Trustees assign all their rights, title and interest in, to, under any by virtue of said amendment and in the property therein described to Downtown purusant to the terms of that certain transfer and Assignment of Interest in Lease which is attached hereto, "inBc"o;rpaonrdated herein and by reference made a part hereof as Exhibit WHEREAS, Downtown and Consolidated propose that upon the execution of the Amendment To Lease set forth in the aforesaid Exhibit "A" hereof and the Transfer and Assignment of Interest in Lease set forth in the aforesaid Exhibit "B" hereof, Downtown assign all its rights, title and interest in, to, under and by virtue of said amendment and in the property therein described to Consolidated purusant to the terms of that certain Transfer and Assignment of Interest in Lease which is attached hereto, incorporate herein and by reference made a part hereof as Exhibit "C"; and WHEREAS, the Trustees and Consolidated propose that the 1950 Lease be further amended to reflect the severance of Tract B therefrom as set forth in that certain Amendment To Lease which is attached here "toD, "i;ncaonrdporated herein and by reference made a part hereof as Exhibit t WHEREAS, under and by virtue of that certain unrecorded lease dated March 1, 1972, entered into by and between the State Of Georgia, as lessor, acting through the State Properties Control Commission and by virtue of and pursuant to the authority granted by Resolution Act No. 102 passed by the 1972 Regular Session of the Georgia General As sembly and approved by the Governor of the State Of Georgia on March 1, 1972 (Ga. Laws 1972, pp. 58-132), and Allright Parking of Georgia, Inc., hereinafter referred to as "Allright", said Lease being hereinafter referred to as the "1972 Allright Lease", Lessor did lease and demise unto Allright, subject to certain encumbrances enumerated therein, certain real property located in Fulton County, Georgia, a portion of which (consisting of air rights only) is more particularly described in Exhibit "E" attached hereto, incorporated herein and made a part hereof; and WHEREAS, under and by virtue of that certain unrecorded Sub lease dated October 11, 1972, entered into by and between Allright, as Sublessor, and Forum International, Inc., hereinafter referred to as "Forum", as Sublessee, said Sublease, as subsequently amended from time to time being hereinafter referred to as the "1972 Sublease", Allright did lease and demise unto Forum certain real property (consisting of air rights only) located in Fulton County, Georgia, which is more particularly described in Exhibit "E" hereof; and THURSDAY, FEBRUARY 14, 1974 2153 WHEREAS, Allright, as Sublessor, and Omni International, Inc. ("Omni") (formerly Forum), as Sublessee, entered into a Restated Sub lease dated September 28, 1973, and recorded in Deed Book 5941, Page 95-123, aforesaid Records, said Restated Sublease being hereinafter referred to as the "Restated Sublease", which Restated Sublease super seded for all purposes the said 1972 Sublease, and under the terms of the said Restated Sublease Allright leased and demised to Omni certain real property (consisting of air rights only) located in Fulton County, Georgia, said real property being more particularly described in Exhibit "E" hereof; and WHEREAS, under and by virtue of an assignment dated November 20, 1973, and recorded in Deed Book 5946, Pages 21-32, aforesaid Rec ords, Omni assigned all of its rights, title and interest in, to, under and by virtue of the said Restated Sublease to Downtown; and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, Pages 93-99, aforesaid Records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said Restated Sublease to Downtown Development Corp., FM Air Rights Company, and City Center, Inc., said Downtown Development Corp., FM Air Rights Company and City Center, Inc., comprising a joint venture doing business under the name of Atlanta Air-Rights Co. and being hereinafter sometimes collectively referred to as "Atlanta Air-Rights Co.,"; and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, Pages 348-351, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said Restated Sublease to Consolidated; and WHEREAS, Consolidated, Downtown Development Corp., FM Air Rights Company, City Center, Inc., and Allright have proposed that the portion of the real property which was demised by the State Of Georgia to Allright under the said 1972 Allright Lease and which was thereafter subleased by Allright to Omni under the said Restated Sublease, said property being more particularly described in Exhibit "E" hereof and being hereinafter sometimes referred to as the "Severed Allright Property", be servered from the said 1972 Allright Lease; that the said Restated Sublease be terminated; that Allright be relieved of its obliga tions under the said 1972 Allright Lease as to the Severed Allright Property; and that the Severed Allright Property be incorporated into that certain Amendment To Lease set forth in Exhibit "F" attached hereto, incorporated herein and by this reference made a part of this Resolution; and WHEREAS, under and by virtue of that certain Lease dated January 12, 1960, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State Of Georgia and by virtue of and pursuant to the authority gratned by (i) Resolution Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 17, 1950 (Ga. Laws 1950, 2154 JOURNAL OF THE HOUSE, pp. 408-412), and (ii) Resolution Act No. 393 passed by the 1959 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 17, 1959 (Ga. Laws 1959, pp. 365-366), as lessor and City Center, Inc., a Georgia corporation, as lessee, recorded in Deed Book 4721, Pages 28-29, aforesaid Records, said Lease, as subsequently amended from time to time as more particularly herein after set forth, being hereinafter referred to as the "1960 Lease", lessor did lease and demise unto City Center, Inc., the air rights above certain real property located in Fulton County, Georgia; and WHEREAS, under and by virtue of that certain Contract dated November 25, 1966, and recorded in Deed Book 4721, Pages 5-12, afore said Records, City Center, Inc., assigned all of its rights, title and interest in, to, under and by virtue of the said 1960 Lease to Cousins Properties Incorporated; and Whereas, under and by virtue of an assignment dated December 20, 1966, and recorded in Deed Book 4721, Pages 1-4, aforesaid Records, Cousins Properties Incorporated assigned all of its rights, title and interest in, to, under and by virtue of the said 1960 Lease to Downtown; and WHEREAS, under and by virtue of an assignment dated April 10, 1967, and recorded in Deed Book 4741, Pages 82-84, aforesaid Records, Downtown assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a thirty-seven and one-half (37.5%) per cent undivided interest therein, to FM Air Rights Company, a Delaware corporation; and WHEREAS, under and by virtue of an assignment dated April 10, 1967, and recorded in Deed Book 4741, Pages 85-86, aforesaid Records, Downdown assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a twenty-five (25%) per cent undivided interest therein, to City Center, Inc.; and WHEREAS, the said 1960 Lease was amended by an instrument executed by and between the parties thereto dated February 15, 1968, and recorded in Deed Book 4903, Pages 422-428, aforesaid Records, and by a further instrument dated January 31, 1972, and recorded in Deed Book 5545, Pages 295-302, aforesaid Records; and WHEREAS, a portion of the property demised under the said 1960 Lease (and being therein designated as "Tract 3"), a portion of the property demised under the said 1972 Allright Lease (and being therein designated as "Tracts 6, 7 and 8"), and a portion of the property demised under the said 1972 Sublease were severed from their respective leases and incorporated into a new direct lease dated April 9, 1973, hereinafter referred to as the "Direct 1973 Omni Lease", entered into by and between the State Of Georgia, acting through the State Properties Control Com mission and by virtue of and pursuant to the authority granted by Resolution Act No. 11 passed by the 1973 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on April 9, 1973 (Ga. Laws 1973, pp. 346-430), and Omni, as leasee, THURSDAY, FEBRUARY 14, 1974 2155 which direct lease is recorded in Deed Book 5851, Pages 191-293, afore said Records; and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, Pages 87-89, aforesaid Records, FM Air Rights Company assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a two and one-half (2.5%) per cent undivided interest therein, to Downtown; and WHEREAS, under and by virtue of an assignment dated as of No vember 26, 1973, and recorded in Deed Book 5946, Pages 90-92, afore said Records, City Center, Inc., assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a twelve and one-half (12.5%) percent undivided interest therein, to Downtown; and WHEREAS, under and by virtue of an assignment dated as of No vember 26, 1973, and recorded in Deed Book 5946, Pages 343-347, afore said Records, Downtown Development Corp., FM Air Rights Company and City Center, Inc., assigned all of their rights, title and interest in, to, under and by virtue of the said 1960 Lease to Consolidated; and WHEREAS, under and by virtue of that certain Lease dated May 15, 1970, entered into by and between the State of Georgia, acting through the State Properties Control Commission and by virtue of and pursuant to the authority granted by (i) Resolution Act No. 240 passed by the 1970 Regular Session of the Georgia General Assembly and ap proved by the Governor of the State of Georgia on March 24, 1970 (Ga. Laws 1970, pp. 752-838), and (ii) Resolution Act No. 267 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 24, 1970 (Ga. Laws 1970, pp. 850-937), and Downtown Development Corp., FM Air Rights Company and City Center, Inc., a Joint Partnership, said Downtown Development Corp., FM Air Rights Company and City Center, Inc., doing business as "Atlanta Air-Rights Co.", as lessee, recorded in Deed Book 5544, Pages 365-432, aforesaid Records, said Lease being herein after referred to as the "1970 Lease", the State Of Georgia did lease and demise unto Atlanta Air-Rights Co. certain real property (consisting of air rights only) located in Fulton County, Georgia, said real property being more particularly described in the said 1970 Lease; and WHEREAS, under and by virtue of an assignment dated as of No vember 26, 1973, and recorded in Deed Book 5946, Pages 339-342, afore said Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said 1970 Lease to Con solidated; and WHEREAS, Consolidated, as lessee or as the assignee of the lessee of each of the aforesaid leases and subleases, Atlanta Air-Rights Com pany, City Center, Inc., Allright Parking of Georgia, Inc., and the Trustees propose that the said 1960 Lease and the said 1970 Lease be amended as set forth in that certain Amendment To Leases which is attached hei'eto, incorporated herein and by reference made a part of this Resolution as Exhibit "F", and further that the Severed Allright 2156 JOURNAL OF THE HOUSE, Property and the Severed Peachtree-Whitehall Property be incorporated into said Amendment To Leases; and WHEREAS, Consolidated and the Trustees propose that the said 1950 Lease be amended to effectuate the severance of the Severed Peachtree-Whitehall Property from the said 1950 Lease and the incorporation thereof into an amendment to the said 1950 Lease; and WHEREAS, Allright and Consolidated propose that the 1972 Allright Lease be amended to effectuate the severance of the Severed Allright Property from the said 1972 Allright Lease; and WHEREAS, the aforesaid proposals were presented to the State Properties Commission at its duly-called meeting of December 18, 1973, and were subsequently reviewed by a duly-appointed subcommittee of said Commission; and WHEREAS, at its duly-called meeting of January 31, 1974, the State Properties Commission resolved to transmit the aforesaid pro posals to the Georgia General Assembly for further consideration and action; and WHEREAS, the actions contemplated by the aforesaid proposals which are hereinafter approved will be beneficial to the State Of Geor gia in that (i) the rents payable to the State Of Georgia as a result of the aforesaid proposals are substantially greater than the minimum rents now payable, (ii) the proposed amendments will permit more ef ficient administration of the property of the State Of Georgia which is covered by the leases affected thereby and (iii) the proposed amend ments will also enable the lessee of the property to obtain the financing necessary to permit development of the property; and WHEREAS, the General Assembly has considered the aforesaid proposals and has determined that they should be approved and au thorized. NOW THEREFORE, be it resolved by the General Assembly of Georgia: Section 1. That the Governor of the State Of Georgia be and is hereby authorized and empowered to execute the following documents on behalf of the State Of Georgia, his signature being attested in each in stance by the Secretary of State of the State Of Georgia: (a) that certain Amendment To Lease set forth in Exhibit "A" attached hereto, incorporated herein and by reference made a part hereof; and (b) that certain Amendment To Lease set forth in Exhibit "D" attached hereto, incorporated herein and by reference made a part hereof; and THURSDAY, FEBRUARY 14, 1974 2157 (c) that certain Amendment To Lease set forth in Exhibit "E" attached hereto, incorporated herein and by reference made a part hereof; and (d) that certain Amendment To Leases set forth in Exhibit "F" attached hereto, incorporated herein and by reference made a part hereof. Section 2. That the Transfers and Assignments set forth in Exhib its "B" and "C" attached hereto, incorporated herein and by reference made a part hereof be and the same are hereby consented to and ap proved. Section 3. That upon the execution of that certain Amendment To ease set forth in Exhibit "E" hereof, the property described therein shall be severed from the operation of the said 1972 Allright Lease, and that Allright Parking of Georgia, Inc., shall be and is hereby relieved of its obligations under the 1972 Allright Lease as to the property described in the aforesaid Exhibit "E". Section 4. That upon the execution of that certain Amendment To Lease set forth in Exhibit "F" hereof the Trustees shall be and are hereby relieved of all their obligations under the said 1950 Lease as to the property described in the aforesaid Exhibit "A." Section 5. That this Resolution shall become effective immediately upon (but only upon) its approval by the Governor. EXHIBIT "A" AMENDMENT TO LEASE BY AND BETWEEN STATE OF GEORGIA AND TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED STATE OF GEORGIA, COUNTY OF FULTON: AMENDMENT TO LEASE This AMENDMENT TO LEASE, hereinafter for convenience re ferred to as the "Amended Lease", is made and entered into this ........ day of __...._.........._..__.., 197..., by and between the STATE OF GEORGIA, acting through its Governor and Secretary of State alnd by virtue of and pursuant to the authority granted by Resolution Act No. ..,,.__,,... passed by the 1974 Regular Session of the Georgia General Assembly and ap proved by the Governor of the State of Georgia on .._............._...__...........,,., 1974 (Ga. Laws 1974, pp. ........-.._.....), Party Of The First Part, herein after for convenience referred to as "Lessor", and SIMON S. SELIG, JR., CHARLES R. MASSELL AND B. F. PATTILLO AS TRUSTEES 2158 JOURNAL OF THE HOUSE, UNDER THE WILL OF BEN J. MASSELL, DECEASED, Parties Of The Second Part, hereinafter for convenience collectively referred to as "Lessee". WITNESSETH THAT: WHEREAS, Lessor is the owner of the fee simple title in and to cer tain real property located in Fulton County, Georgia, said real property being more particularly described in Exhibit "A" which is attached hereto, incorporated herein and by this reference made a part hereof; and WHEREAS, under and by the virtue of that certain Lease dated December 26, 1950, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Com mission, acting for the State Of Georgia and by virtue of and pursuant to the authority granted by Resolution Act. No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on February 17, 1950 (Ga. Laws 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corpo ration, as lessee, recorded in Deed Book 2599, Pages 508-512, of the Rec ords of the Clerk of the Superior Court of Fulton County, Georgia, said Lease, as subsequently amended from time to time as more particularly hereinafter set forth prior to the date of execution of this Amended Lease by Lessor, being hereinafter referred to as the "1950 Lease", lessor did lease and demise unto Peachtree-Whitehall, Inc. certain real property (consisting of air rights only) located in Fulton County, Geor gia, and being designated in the said 1950 Lease as Tracts 3, 4 and 5 respectively; and WHEREAS, the said 1950 Lease was confirmed by Resolution Act No. 11 passed by the 1951 Regular Session of the Georgia General As sembly and approved by the Governor of the State Of Georgia on Febru ary 19, 1951 (Ga. Laws 1951, pp. 824-826) ; and WHEREAS, the said 1950 Lease was subsequently amended by Resolution Act. No. 469 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 21, 1951 (Ga. Laws 1951, pp. 748-749), and by an agreement between the parties to the said 1950 Lease dated Decem ber 21, 1954, recorded in Deed Book 4420, Pages 579-583, aforesaid Records; and WHEREAS, the said 1950 Lease was assigned by Peachtree-White hall, Inc. to Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees of the Marital Deduction Trust Under the Will of Ben J. Massell, deceased (hereinafter collectively referred to as the "Massell Trustees"), by a Transfer of Lease dated May 31, 1968, and recorded in Deed Book 5022, Page 185, aforesaid Records; and WHEREAS, under and by virtue of that certain unrecorded Sub lease dated August 15, 1969, entered into by and between the Massell Trustees, as Sublessor, and Downtown Development Corp., a Georgia corporation, hereinafter sometimes referred to as "Downtown", as Sub- THURSDAY, FEBRUARY 14, 1974 2159 lessee, said Sublease, as subsequently amended from time to time, being hereinafter referred to as the "1969 Sublease", the Massell Trustees did lease and demise unto Downtown certain real property (consisting of air rights only) located in Fulton County, Georgia, said real property consisting of the air rights over Tracts 4 and 5 of the real property de mised to the Massell Trustees under the said 1950 Lease; and WHEREAS, the said 1950 Lease was further amended by an un recorded agreement entered into by and between Lessor, acting through the State Properties Control Commission, a successor in law to the West ern and Atlantic Railroad Commission, by virtue of and pursuant to the authority granted by Resolution Act. No. 126 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 20, 1970 (Ga. Laws 1970, pp. 408-415), as Party Of The First Part, and the Massell Trustees and Downtown, as Parties Of The Second Part; and WHEREAS, the said 1969 Sublease was amended by an unrecorded agreement entered into by and between the Massell Trustees and Down town, dated May 14, 1970; and WHEREAS, the Massell Trustees, as Sublessor, and Downtown, as Sublessee, did enter into a restated Sublease dated May 31, 1971, herein after deferred to as the "1971 Sublease", a short form of which is recorded in Deed Book 5477, Pages 118-120, aforesaid Records, which 1971 Sub lease provides that it contains the entire agreement of the parties thereto and supercedes the said 1969 Sublease; and under the terms of which 1971 Sublease the Massell Trustees did lease and demise unto Downtown certain real property located in Fulton County, Georgia, said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease and being the same property as was demised under the said 1969 Sub lease; and WHEREAS, under and by virtue of an assignment dated as of No vember 26, 1973, and recorded in Deed Book 5946, Pages 67-68, afore said Records, Downtown assigned all of its rights, title and interests in, to, under and by virtue of thesaid 1971 Sublease to Downtown Develop ment Corp., a Georgia corporation, FM Air Rights Company, a Delaware corporation, and City Center, Inc., a Georgia corporation (said Down town Development Corp., FM Air Rights Company and City Center, Inc., comprising a joint venture doing business under the name of Atlanta Air-Rights Co. and being hereinafter sometimes collectively referred to as "Atlanta Air-Rights Co."); and WHEREAS, under and by virtue of an assignment dated as of No vember 26, 1973, recorded in Deed Book 5946, Pages 321-323, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and inter est in, to, under and by virtue of the said 1971 Sublease to Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia, Limited Partnership whose sole general partner is Downtown Development Corp. and whose sole limited partners are FM Air Rights Company and City Center, Inc. (said Consolidated Atlanta Properties, Ltd. being hereinafter sometimes referred to as "CAPCO"); and 2160 JOURNAL OF THE HOUSE, WHEREAS, Lessee is the successor in interest to the Massell Trus tees; and WHEREAS, Lessee and CAPCO have proposed that the portion of the real property demised by the Western & Atlantic Railroad Commis sion to Peachtree-Whitehall, Inc., under the said 1950 Lease (and therein designated as Tract 5), being a portion of the property demised by Lessee to Downtown under the said 1971 Sublease and being hereinafter some times referred to as "Severed Peachtree-Whitehall Tract 5", be severed from the said 1950 Lease; that the said 1971 Sublease be terminated as to the Severed Peachtree-Whitehall Tract 5; that the Severed PeachtreeWhitehall Tract 5 be incorporated into an amendment to the 1950 Lease to be entered into by and between Lessor and Lessee upon substantially the same terms and conditions, appropriately prorated, as were contained in the said 1950 Lease, as amended; and WHEREAS, the execution of this Amended Lease by Lessor and Lessee has been approved by Resolution Act. No. .._...._ passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on ._....--.......-.--..._._.................., 1974 (Ga. Laws 1974, pp. ,,......-........); NOW, THEREFORE, in consideration of the premises, the rental to be paid hereunder, the mutual covenants and agreements herein set forth by each party to be kept and performed, and for other good and valuaable consideration, the receipt, adequacy and sufficiency whereof being hereby expressly acknowledged by each party hereto, Lessor and Lessee do hereby mutually covenant and agree that the said 1950 Lease is hereby amended as hereinafter set forth and as amended is hereby substituted for and in lieu of the said 1950 Lease as the entire agreement between Lessor and Lessee with respect to the property described in Exhibit "A" hereof and the rights in respect thereto which are leased and demised hereunder; and from and after the date of the execution hereof, all rights, duties, obligations and liabilities of Lessor and Lessee with respect to the property described in Exhibit "A" hereof shall be determined in ac cordance with the provisions, covenants, agreements, stipulations, terms and conditions of this Amended Lease, which are as follows: WITNESSETH THAT: The Lessor, for and in consideration of the premises and of the rents, provisions, covenants, agreements stipulations, terms and condi tions set forth in that certain Lease dated December 26, 1950, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State of Georgia and by virtue of and pursuant to the authority granted by Resolution Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 17, 1950 (Ga. Laws 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corporation, as lessee, as here tofore amended, which Lease is for all purposes incorporated in and by this reference made a part of this Amended Lease, does hereby let, lease and demise unto Lessee and Lessee does hereby take, lease and hire from Lessor, all the right, title and interest which Lessor has in and to THURSDAY, FEBRUARY 14, 1974 2161 the property which is more particularly described in Exhibit "A" at tached hereto, incorporated herein and by this reference made a part hereof, EXCEPT that the monthly rental schedule payable (excluding reappraisal provisions, which are not affected hereby) during the term of this Amended Lease shall be as follows: $1,041.67 from the date of the execution of this Amended Lease to December 27, 1979 $1,388.89 from December 28, 1979 to December 27, 1989 $1,805.55 from December 28, 1989 to December 27, 1999 $2,083.33 from December 28, 1999 to December 27, 2009 $2,361.11 from December 28, 2009 to December 27, 2019 $2,638.89 from December 28, 2019 to December 27, 2029 $2,916.67 from December 28, 2029 to December 27, 2039 $3,194.44 from December 28, 2039 to December 27, 2044. IN WITNESS WHEREOF, Jimmy Carter, as Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State Of Georgia, have this ..._...__ day of ___,,____.._._...._,,_______ , 197...., signed, sealed and delivered (affixed the great seal of the State Of Georgia to) this Amended Lease for and on behalf of the State Of Georgia, Lessor, in duplicate, and Lessee, Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees Under the Will of Ben J. Massell, deceased, have signed, sealed and delivered this Amended Lease, also in duplicate. Signed, sealed and delivered in the presence of: (As to the signatures of Jimmy Carter, as Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State Of Georgia) STATE OF GEORGIA By: Jimmy Carter, as Governor of the State Of Georgia Witness Notary Public My Commission Expires: Affix Notary Public Seal Here Attest: Ben W. Fortson, Jr., as Secretary of State of the State Of Georgia (STATE OF GEORGIA SEAL) 2162 JOURNAL OF THE HOUSE, As to Simon S. Selig, Jr., Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ Janet McGuire Notary Public TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED (SEAL) / s / Simon S. Selig, Jr. (SEAL) Simon S. Selig, Jr., as Trustee My Commission Expires May 6, 1977 Affix Notary Public Seal Here As to Charles R. Massell, Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ Charles R. Massell (SEAL) ,,--._._._--__,,______________.__-_-__.-__,,___,,--_________________ Charles R. Massell, as Trustee /s/ Janet McGuire My Commission Expires May 6, 1977 Affix Notary Public Seal Here As to B. F. Pattillo, Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ B. F. Pattillo (SEAL) .._......._.._..._.._._.................,,..___._._..._.,,.....,,._____. B. F. Pattillo, Trustee /s/ Janet McGuire Notary Public My Commission Expires May 6, 1977 Affix Notary Public Seal Here THURSDAY, FEBRUARY 14, 1974 2163 Exhibit "A" All of the air space over and above a horizontal elevation plane of twenty feet three inches (20'3") above the top of the railroad tracks of Western & Atlantic Railroad (as said rail was in existence as of Decem ber 21, 1954), which lies within the boundary of the following described property: ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particu larly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Ala bama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms and angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Ala bama Street a distance of 117.65 feet to a point; run thence northeast erly along the northwest line of said right-of-way of Forsyth Street Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last pre ceding course a distance of 42.25 feet to a point; run thence northeast erly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 179 degrees 27 minutes with the last preceding course a distance of 73.3 feet to a point; run thence northwesterly along a line forming an angle of 99 degrees 39 minutes with the last preceding course a distance of 212.9 feet to THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, run ning thence southwesterly along a line forming an exterior angle of 92 degrees 35 minutes with the last preceding course a distance of 150.0 feet to a point; running thence northwesterly along a line forming an exterior angle of 256 degrees 54 minutes with the last preceding course a distance of 51.1 feet to a point; running thence southwesterly along a line forming an exterior angle of 99 degrees 41 minutes with the last pre ceding course a distance of 66.3 feet to a point; running thence north westerly along a line forming an exterior angle of 242 degrees 12 min utes wtih the last preceding course a distance of 170.0 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence north 18 degrees 32 minutes 30 seconds east along a line being coincident with the southeast edge of Spring Street Viaduct forming an interior angle of 84 degrees 47 minutes with the last preced ing course a distance of 334.5 feet to a point; running thence southeast erly along a line forming an interior angle of 66 degrees 35 minutes with the last preceding course a distance of 338.2 feet to THE POINT OF BE GINNING; being the property designated as "Tract 3" and shown as con taining 1.56 acres and 68,207 square feet on that certain Blueprint of Survey, captioned "SURVEY FOR CONSOLIDATED ATLANTA PROP ERTIES, LTD.", dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor No. 490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey is 2164 JOURNAL OF THE HOUSE, for all purposes by this reference incorporated herein and made a part of this Amended Lease. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and founda tions, sewer and draining conduits, and similar necessary structures which must reach the ground level or below. EXHIBIT "B" TRANSFER AND ASSIGNMENT OF INTEREST IN LEASE BY TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED TO DOWNTOWN DEVELOPMENT CORP. TRANSFER AND ASSIGNMENT OF INTEREST IN LEASE FOR VALUE RECEIVED, SIMON S. SELIG, JR., CHARLES R. MASSELL and B. F. PATTILLO, as Trustees Under the Will of Ben J. Massell, Deceased (hereinafter collectively referred to as "Assignor"), do hereby bargain, sell, set over, convey, transfer and assign to DOWN TOWN DEVELOPMENT CORP., a Georgia corporation (hereinafter referred to as "Assignee"), all of Assignor's rights, title and interest in, under and to that certain unrecorded Lease entered into by and between the State Of Georgia, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution Act No. ..,.-... passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on ,,.,,,,,,-_.., 1974 (Ga. Laws 1974, pp. _.......-...._...), Party Of The First Part, as lessor, and Simon S. Seling, Jr., Charles R. Massell and B. F. Pattillo as Trustee Under the Will of Ben J. Massell, Deceased, Parties Of The Second Part, as lessee, which Lease conveys a leasehold estate in and to certain real property, which real property is more par ticularly described on Exhibit "A" attached hereto and by reference made a part hereof, for a term commencing on ___.____________________...., 197---, and expiring on December 27, 2044; together with all of Assignor's rights, title and interest in, to, under and by virtue of that certain Sub lease entered into by and between Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees of the Marital Deduction Trust under the Will of Ben J. Massell, deceased, as sublessor, and Assignee, as sublessee, dated May 31, 1971, a short form of which is recorded in Deed Book 5477, Page 118, Fulton County, Georgia Records, as amended by that certain Amendment To Sublease dated of even date herewith entered into by and between Assignor and Consolidated Atlanta Properties, Ltd., which Amendment To Sublease covers the same property described on Exhibit "A" attached hereto and by reference made a part hereof; and together with all of Assignor's right, title and interest in and to said real property described in said Exhibit "A" attached hereto and all ap purtenances thereunto belonging; and Assignee hereby accepts said transfer and assignment of all of Assignor's rights, title and interest in, THURSDAY, FEBRUARY 14, 1974 2165 under and to said Lease and said Sublease and hereby assumes and agrees to perform and be liable for all of the covenants, agreements and obligations of the lessee under said Lease and of the sublessor under said Sublease. IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their respective seals, this _..._... day of .,,.,,...... ......._......., 1974. "ASSIGNOR" As to Simon S. Selig, Jr., Signed, sealed and delivered in the presence of: Is/ William A. Rush Witness TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED (SEAL) /s/ Janet McGuire Notary Public /s/ Simon S. Selig, Jr. (SEAL) .Simon S. Selig, Jr., as Trustee My Commission Expires May 6, 1977 Affix Notary Public Seal Here As to Charles R. Massell, Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ Charles R. Massell (SEAL) Charles R. Massell, as Trustee /s/ Janet McGuire Notary Public My Commission Expires May 6, 1977 Affix Notary Public Seal Here 2196 JOURNAL OF THE HOUSE, As to B. F. Pattilo, Signed, sealed and delivered in the presence of: William A. Rush Witness /s/ B. F. Pattillo, (SEAL) B. F. Pattillo, as Trustee /s/ Janet McGuire Notary Public My Commission Expires May 6, 1977 Affix Notary Public Seal Here Signed, sealed and delivered in the presence of: /s/ William A. Rush Witness /s/ Janet McGuire Notary Public My Commission Expires May 6, 1977 Affix Notary Public Seal Here "ASSIGNEE" DOWNTOWN DEVELOPMENT CORP. (SEAL) By: John D. Arndt Title: V. Pres. Attest: /s/ J. M. Barge Title: Asst. Sec. (SEAL) AFFIX CORPORATE SEAL HERE EXHIBIT "C" TRANSFER AND ASSIGNMENT OF INTEREST IN LEASE BY DOWNTOWN DEVELOPMENT CORP. TO CONSOLIDATED ATLANTA PROPERTIES, LTD. TRANSFER AND ASSIGNMENT OF INTEREST IN LEASE FOR VALUE RECEIVED, DOWNTOWN DEVELOPMENT CORP., a Georgia corporation (hereinafter referred to as "Assignor"), does hereby bargain, sell, set over, convey, transfer and assign to CONSOLI DATED ATLANTA PROPERTIES, LTD., a Fulton County, Georgia, limited partnership whose sole General Partner is Downtown Develop ment Corp., and whose sole Limited Partners are FM Air Rights Com pany, a Delaware corporation, and City Center, Inc., a Georgia corpora tion (said Consolidated Atlanta Properties, Lt. being hereinafter re ferred to as "Assignee"), all of Assignor's rights, title and interest in, under and to that certain unrecorded Lease entered into by and between THURSDAY, FEBRUARY 14, 1974 2167 the State Of Georgia, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolu tion Act. No. --._-_. passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Geor gia on . . , 1974 (Ga. Laws 1974, pp. . .-.......), Party Of The First Part, as lessor, and Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees Under the Will of Ben J. Massell, Deceased, Parties Of The Second Part, as lessee, which Lease conveys a leasehold estate in and to certain real property, which real property is more particularly described on Exhibit "A" attached hereto and by ref erence made a part hereof, for a term commencing on ....._...__........._.., 197..., and expiring on December 27, 2044, together with all of Assignor's right, title and interest in and to said real property described on said Exhibit "A" and all appurtenances thereunto belonging, and Assignee hereby accepts said transfer and assignment of all of Assignor's rights, title and interest in, under and to said Lease and said real property and hereby assumes and agrees to perform and be liable for all of the covenants and agreements and obligations of the lessee under said Lease. Assignor and Assignee hereby covenant and agree that that certain Sub lease entered into and between Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees of the Marital Deduction Trust under the Will of Ben J. Massell, Deceased, as sublessor, and Assignor, as sub lessee, dated May 31, 1971, as amended, covering the same property, a short form of which is recorded in Deed Book 5477, Page 118, Fulton County, Georgia, Records, is hereby terminated and shall be null and void and of no further force nor effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their respective seals, this .. ..... day of .. ..... .. ...... ..., 1974. Signed, sealed and delivered in the presence of: /s/ Stephen F. McLaughlin Witness "ASSIGNOR" DOWNTOWN DEVELOPMENT CORP. (SEAL) By John D. Arndt Title: V. Pre s - Attest: /s/ J. M. Barge Title: Asst. Sec. (SEAL) /s/ Sibyl Belk Langley Notary Public My Commission Expires Mar. 25, 1977 Affix Notary Public Seal Here AFFIX CORPORATE SEAL HERE 2168 JOURNAL OF THE HOUSE, "ASSIGNEE" Signed, sealed and delivered in the presence of: /s/ Stephen F. McLaughlin Witness CONSOLIDATED ATLANTA PROPERTIES, LTD., A Georgia Limited Partnership By: DOWNTOWN DEVELOPMENT CORP. Sole General Partner (SEAL) /s/ Sibyl Belk Langley Notary Public My Commission Expires Mar. 25, 1977 Affix Notary Public Seal Here By: John D. Arndt Title: V. Pres. Attest: /s/ J. M. Barge Title: Asst. Sec. (SEAL) AFFIX CORPORATE SEAL HERE Exhibit "A" All of the air space over and above a horizontal elevation plane of twenty feet three inches (20'3") above the top of the railroad tracks of Western & Atlantic Railroad (as said rail was in existence as of Decem ber 21, 1954), which lies within the boundary of the following described property; ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Ala bama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said THURSDAY, FEBRUARY 14, 1974 2169 right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Ala bama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last pre ceding course a distance of 121.05 feet to a point; run thence northeast erly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 42.25 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 179 degrees 27 minutes with the last preceding course a distance of 73.3 feet to a point; run thence northwesterly along a line forming an angle of 99 degrees 39 minutes with the last preceding course a dis tance of 212.9 feet to THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence southwesterly along a line forming an exterior angle of 92 degrees 35 minutes with the last preceding course a distance of 150.0 feet to a point; running thence northwesterly along a line forming an exterior angle of 256 degrees 54 minutes with the last preceding course a distance of 51.1 feet to a point; running thence southwesterly along a line forming an ex terior angle of 99 degrees 41 minutes with the last preceding course a distance of 66.3 feet to a point; running thence northwesterly along a line forming an exterior angle of 242 degrees 12 minutes with the last preceding course a distance of 170.0 feet to a point on a line being co incident wtih the southeast edge of Spring Street Viaduct; running thence north 18 degrees 32 minutes 30 seconds east along a line being coincident with the southeast edge of Spring Street Viaduct forming an interior angle of 84 degrees 47 minutes with the last preceding course a distance of 334.5 feet to a point; running thence southeasterly along a line form ing an interior angle of 66 degrees 35 minutes with the last preceding course a distance of 338.2 feet to THE POINT OF BEGINNING; being the property designated as "Tract 3" and shown as containing 1.56 acres and 68,207 square feet on that certain Blueprint of Survey, captioned "SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD.", dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor No. 490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey is for all purposes by this reference incorporated herein and made a part hereof. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and founda tions, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. 2170 JOURNAL OF THE HOUSE, EXHIBIT "D" AMENDMENT TO LEASE BY AND BETWEEN STATE OP GEORGIA AND TRUSTEES UNDER THE WILL OP BEN J. MASSELL, DECEASED STATE OF GEORGIA, COUNTY OF PULTON: AMENDMENT TO LEASE This AMENDMENT TO LEASE, hereinafter for convenience re ferred to as the "Amended Lease", is made and entered into this __...-- day of .. ............ 197 , by and between the STATE OF GEORGIA, actingthrough its Governor and Secretary of State and by virtue of and pur suant to the authority granted by the Resolution Act. No. ...._... passed by the 1974 Regular Session of the Georgia General Assembly and ap proved by the Governor of the State of Georgia on ..................................... 1974 (Ga. Laws 1974, pp. ........-....._..), Party Of The First Part, herein after for convenience referred to as "Lessor", and SIMON S. SELIG, JR., CHARLES R. MASSELL AND B. F. PATTILLO AS TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED, Parties Of The Second Part, hereinafter for convenience collectively referred to as "Lessee". WITNESSETH THAT: WHEREAS, Lessor is the owner of the fee simple title in and to certain real property located in Fulton County, Georgia, said real prop erty being more particularly described in the 1950 Lease (as hereinafter defined); and WHEREAS, under and by the virtue of that certain Lease dated December 26, 1950, entered into by and between the Western and At lantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State of Georgia and by virute of and pursuant to the authority granted by Resolution Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and ap proved by the Governor of the State Of Georgia on February 17, 1950 (Ga. Laws 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corporation, as lessee, recorded in Deed Book 2599, Pages 508512, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, said Lease, as subsequently amended from time to time as more particularly hereinafter set forth prior to the date of execution of this Amended Lease by Lessor, being hereinafter referred to as the "1950 Lease", lessor did lease and demise unto Peachtree-Whitehall, Inc. certain real property (consisting of air rights only) located in Fulton County, Georgia, and being designated in the said 1950 Lease as Tracts 3, 4 and 5 respectively; and THURSDAY, FEBRUARY 14, 1974 2171 WHEREAS, the said 1950 Lease was confirmed by Resolution Act No. 11 passed by the 1951 Regular Session of the Georgia General Assem bly and approved by the Governor of the State Of Georgia on February 19, 1951 (Ga. Laws 1951, pp. 824-826); and WHEREAS, the said 1950 Lease was subsequently amended by Reso lution Act. No. 469 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 21, 1951 (Ga. Laws 1951, pp. 748-749), and by an agreement between the parties to the said 1950 Lease dated December 21, 1954, recorded in Deed Book 4420, Pages 579-583, aforesaid Records; and WHEREAS, the said 1950 Lease was assigned by Peachtree-Whitehall, Inc. to Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees of the Marital Deduction Trust Under the Will of Ben J. Massell, deceased (hereinafter collectively referred to as the "Massell Trustees"), by a Transfer of Lease dated May 31, 1968, and recorded in Deed Book 5022, Page 185, aforesaid Records; and WHEREAS, under any by virtue of that certain unrecorded Sub lease dated August 15, 1969, entered into by and between the Massell Trustees, as Sublessor, and Downtown Development Corp., a Georgia corporation, hereinafter sometimes referred to as "Downtown", as Sub lessee, said Sublease, as subsequently amended from time to time, being hereinafter referred to as the "1969 Sublease", the Massell Trustees did lease and demise unto Downtown certain real property (consisting of air rights only) located in Fulton County, Georgia, said real property con sisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease; and WHEREAS, the said 1950 Lease was further amended by an un recorded agreement entered into by and between Lessor, acting through the State Properties Control Commission, a successor in law to the Western and Atlantic Railroad Commission, by virtue of and pursuant to the authority granted by Resolution Act. No. 126 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 20, 1970 (Ga. Laws *1970, pp. 408-415), as Party Of The First Part, and the Massell Trustees and Downtown, as Parties Of The Second Part; and WHEREAS, the said 1969 Sublease was amended by an unrecorded agreement entered into by and between the Massell Trustees and Down town, dated May 14, 1970; and WHEREAS, the Massell Trustees, as Sublessor, and Downtown, as Sublessee, did enter into a restated Sublease dated May 31, 1971, herein after referred to as the "1971 Sublease", a short form of which is rocorded in Deed Book 5477, Pages 118-120, aforesaid Records, whi.-h l(.-i Sublease provides that it contains the entire agreement of the parties thereto and supercedes the said 1969 Sublease; and under the terms of which 1971 Sublease the Massell Trustees did lease and demise unto Downtown certain real property located in Fulton County, Georgia, said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease 2172 JOURNAL OF THE HOUSE, and being the same property as was demised under the said 1969 Sub lease; and WHEREAS, under and by virture of an assignment dated as of No vember 26, 1973, and recorded in Deed Book 5946, Pages 67-68, aforesaid Records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Downtown Development Corp., a Georgia corporation, FM Air Rights Company, a Delaware cor poration, and City Center, Inc., a Georgia corporation (said Downtown Development Corp., FM Air Rights Company and City Center, Inc., com prising a joint venture doing business under the name of Atlanta AirRights Co. and being hereinafter sometimes collectively referred to as "Atlanta Air-Rights Co."); and WHEREAS, under and by virtue of an assignment dated as of No vember 26, 1973, recorded in Deed Book 5946, Pages 321-323, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and in terest in, to, under and by virtue of the said 1971 Sublease to Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia, Limited Partnership whose sole general partner in Downtown Development Corp. and whose sole limited partners are FM Air Rights Company and City Center, Inc. (said Consolidated Atlanta Properties, Ltd. being hereinafter sometimes referred to as "CAPCO"); and WHEREAS, Lessee is the successor in interest to the Massell Trus tees; and WHEREAS, Lessee and CAPCO have proposed that the portion of the real property demised by the Western & Atlantic Railroad Commis sion to Peachtree-Whitehall, Inc., under the said 1950 Lease (and therein designated as Tract 5), being a portion of the property demised by Lessee to Downtown under the said 1971 Sublease and being hereinafter sometimes referred to as "Severed Peachtree-Whitehall Tract 5", be severed from the said 1950 Lease; that the said 1971 Sublease be termi nated as to the Severed Peachtree-Whitehall Tract 5; that the Severed Peachtree-Whitehall Tract 5 be incorporated into an amendment to the 1950 Lease to be entered into by and between Lessor and Lessee upon substantially the same terms and conditions, appropriately prorated, as were contained in the said 1950 Lease, as amended; and WHEREAS, Lessor and Lessee desire to amend the said 1950 Lease to accomplish the aforesaid proposals; and WHEREAS, the execution of this Amended Lease by Lessor and Lessee has been approved by Resolution Act No. _..._... passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on - , 1974 (Ga. Laws 1974, PP. ........-._......); NOW, THEREFORE, in consideration of the premises, the rental to be paid hereunder, the mutual covenants and agreements herein set forth by each party to be kept and performed, and for other good and valuable consideration, the receipt, adequacy and sufficiency whereof THURSDAY, FEBRUARY 14, 1974 2173 being hereby expressly acknowledged by each party hereto, Lessor and Lessee do hereby mutually covenant and agree that the said 1950 Lease is hereby amended as hereinafter set forth: ITEM 1. The first WHEREAS clause of the preamble of the said 1950 Lease is hereby amended by deleting the same in its entirety and substituting in lieu thereof the following: "WHEREAS, the State of Georgia is the owner in Fee Simple of a certain area of land located in the City of Atlanta, in Land Lots 77 and 78 of the 14th District of Fulton County, Georgia, be tween the junction of Whitehall and Peachtree Street and Broad Street; also between Broad Street and Forsyth Street; and of the overhead rights over said area being a part of the property and air rights of the Western & Atlantic Railroad, and being more particu larly described and marked as tratcs 3 and 4 on the attached plat which is made a part of this Agreement; and" ITEM 2. Article IX of the said 1950 Lease is hereby amended by deleting the monthly rental schedule (excluding reappraisal provisions, which are not affected hereby) of: "$3125.00 from December 28, 1969 to December 28, 1979 $4166.66 from December 28, 1979 to December 28, 1989 $5416.66 from December 28, 1989 to December 28, 1999 $6250.00 from December 28, 1999 to December 28, 2009 $7083.33 from December 28, 2009 to December 28, 2019 $7916.67 from December 28, 2019 to December 28, 2029 $8750.00 from December 28, 2029 to December 28, 2039 $9583.33 from December 28, 2039 to December 28, 2044" contained in Article IX of said 1950 Lease and substituting in lieu thereof the monthly rental schedule of: "$2,083.33 from the date of the execution of this Amended Lease by Lessor to December 27, 1979 $2,777.77 from December 28, 1979 to December 27, 1989 $2,611.11 from December 28, 1989 to December 27, 1999 $4,166.67 from December 28, 1999 to December 27, 2009 $4,722.22 from December 28, 2009 to December 27, 2019 $5,277.78 from December 28, 2019 to December 27, 2029 $5,833.33 from December 28, 2029 to December 27, 2039 $6,388.89 from December 28, 2039 to December 27, 2044." Except as herein expressly amended, the 1950 Lease and all the provisions, covenants, agreements, stipulations, terms and conditions (including, but not limited to, reappraisal provisions) thereof shall re main in full force and effect. It is mutually covenanted and agreed by and between the parties hereto that the within amendments shall be binding upon and inure to the benefit or detriment of the parties hereto and their successors and assigns. 2174 JOURNAL OF THE HOUSE, IN WITNESS WHEREOF, Jimmy Carter, as Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State Of Georgia, have this .... day of --.__.._._.-......._...........--._,,.--., 197...., signed, sealed and delivered (affixed the great seal of the State of Georgia to) this Amended Lease for and on behalf of the State of Georgia Lessor, in duplicate, and Lessee, Simon S. Selig, Jr., Charles R. Massell and B. F. Patillo, as Trustees. Under the Will of Ben J. Massell, deceased, have signed, sealed and delivered this Amended Lease, also in duplicate. Signed, sealed and delivered in the presence of: (As to the signatures of Jimmy Carter, aGseoGrogviae,rnaonrdoBf ethneWS.taFteorOtsfon, Jr., a0S4st.a,,St4.eec/O-re.f'r,ta/G-ri yeorogf.i a,,S)\,tat, e of,, t.h, e ' ' STATE OF GEORGIA Ry ' --;----------------------"----------- Jif,m, t,m,hey S,,C,taatr,eterO,,i,,fasG,, eGoor6vgeiarnor --""----------------------------------------Wltness Notary Public ,M, y C,, ommi. ssi.on _Expi. res: Affix Notary Public Seal Here Attest: g_.e..n.._.T_f.f__..-F...o...r._t.s..o._n.-,....J_r..._,._.a_s... Secretary of State of the State Of Georgia (STATE OF GEORGIA SEAL) A. s t, o S,,.imon So. Sc eil-ig, JTr., Signed, sealed and delivered in the presence of: William A. Rush Witness /s/ Janet McGuire Notary Public My Commission Expires May 6, 1977 Affix Notary Public Seal Here TRUSTEES UNDER THE WILL OF BEN J. MASSELL,' DECEASED (SEAL) /s/ Simon S. Selig, Jr. as Trustee (SEAL) THURSDAY, FEBRUARY 14, 1974 2175 As to Charles R. Massell, Signed, sealed and delivered in the presence of: 1st William A. Rush /s/ Charles R. Massell (SEAL) Witness Charles R. Massell, as Trustee /&/ Janet McGuire Notary Public My Commission Expires May 6, 1977 Affix Notary Public Seal Here As to B. P. Pattillo, Signed, sealed and delivered in the presence of: William A. Rush Witness / s / B. F. Pattillo j B. F. Pattillo, Trustee (SEAL) EXHIBIT "E" AMENDENT TO LEASE BY AND BETWEEN STATE OF GEORGIA AND ALLRIGHT PARKING OF GEORGIA, INC. STATE OF GEORGIA, COUNTY OF FULTON: AMENDMENT TO LEASE This AMENDMENT TO LEASE, hereinafter for convenience re ferred to as "Amendment," is made and entered into this..---...----day of . , 197...., by and between the STATE OF GEORGIA, acting through its Governor and Secretary of State and by virtue of and pur suant to the authority granted by Resolution Act No. ....... , passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on .. , 1974 (Ga. Laws 1974, pp. ________-________), Party of the First Part, hereinafter for convenience referred to as "Lessor", and ALLRIGHT PARKING OF 2176 JOURNAL OF THE HOUSE, GEORGIA, INC., a Georgia corporation, Party of the Second Part, hereinafter for convenience referred to as "Lessee", WITNESSETH THAT: WHEREAS, under and by virtue of that certain unrecorded Lease dated March 1, 1972, entered into by and between Lessor, acting through the State Properties Control Commission and by virtue of and pursuant to the authority granted by Resolution Act No. 102 passed by the 1972 Regular Session of the General Assembly and approved by the Governor of the State Of Georgia on March 1, 1972 (Ga. Laws 1972, pp. 58-132), and Lessee, said lease being hereinafter referred to as the "Lease," Lessor did lease and demise unto Lessee subject to certain encumbrances enumerated therein, certain real property located in Fulton County, Georgia, and which is more particularly described in the said Lease, a portion of which real property (consisting of air rights) is more partic ularly described in Exhibit "A" hereof and is therein designated as Parcels A, B and C, said Parcels A, B and C being hereinafter collective ly referred to as the "Property"; and WHEREAS, under and by virtue of that certain Restated Sublease dated September 28, 1973, entered into by and between Lessee as Sub lessor, and Omni International, Inc., hereinafter referred to as "Omni", as Sublessee, said Restated Sublease being hereinafter referred to as the "Sublease", which Sublease is recorded in Deed Book 5941, Pages 95-123, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, Lessee did sublease and demise unto Omni the Proper ty; and WHEREAS, under and by virtue of an assignment dated November 20, 1973 and recorded in Deed Book 5946, Pages 21-32, aforesaid Records, Omni did assign to Downtown Development Corp., a Georgia corporation, hereinafter sometimes referred to as "Downtown", all rights, title and interest of Omni in, to, under and by virtue of the said Sublease; and WHEREAS, under and by virtue of an assignment dated as of No vember 26, 1973 and recorded in Deed Book 5946, Pages 93-99, aforesaid Records, Downtown did assign to Downtown Development Corp., FM Air Rights Company, a Delaware corporation, and City Center, Inc., a Georgia corporation, said Downtown Development Corp., FM Air Rights Company and City Center, Inc., comprising a Joint Venture doing busi ness under the name of Atlanta Air-Rights Co. and being hereinafter collectively referred to as the "Joint Venture" all of its rights, title and interest in, to, under and by virtue of the said Sublease; and WHEREAS, under and by virtue of an assignment dated as of No vember 26, 1973 and recorded in Deed Book 5946, Pages 348-351, afore said Records, the Joint Venture did assign to Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia, Limited Partnership, here inafter referred to as "CAPCO", all rights, title and interest of the Joint Venture in, to, under and by virtue of the said Sublease; and WHEREAS, the Lessee, Downtown, the Joint Venture and CAPCO have proposed that the Property demised by Lessor to Lessee under the THURSDAY, FEBRUARY 14, 1974 2177 Lease and thereafter subleased by Lessee to Omni under the Sublease be severed from the Lease and that Lessee be relieved of its obligations under the Lease as to the Property; and WHEREAS, the severance of the Property from the Lease and the relieving of Lessee of all of its obligations under the Lease with respect to the Property have been authorized and approved by Resolution Act. No. ...._.......__.. passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on .__._....__..._.__......, 1974, (Ga. Laws 1974, pp. ....,,_.-_....._.); and WHEREAS, Downtown, the Joint Venture and CAPCO, through expressly not parties hereto, have executed this Amendment for the purpose of evidencing their consent and acknowledgment to this Amend ment; NOW, THEREFORE, in consideration of the premises, the mutual covenants and agreements herein set forth by each party to be kept and performed, and for other good and valuable consideration, the receipt, adequacy and sufficiency whereof being hereby expressly acknowledged by each party hereto, Lessor and Lessee do hereby mutually covenant and agree that the Lease is hereby amended as hereinafter set forth: 1. The Property is hereby severed and released from the Lease, and with respect to the Property only, Lessee is hereby relieved of any and all obligations and liability under the said Lease with respect to the Property, Lessee hereby acknowledging that Lessee has been so relieved by the execution of this Amendment by Lessor. 2. With respect to the Property only, the Lease is of no further force or effect and Lessor and Lessee, with respect to the Property only, shall have no further rights, duties, obligations or liabilities thereunder. Except as herein expressly amended, the Lease and all provisions, covenants, agreements, stipulations, terms and conditions (including the payment of all rents) thereof shall remain in full force and effect. It is mutually covenanted and agreed by and between the parties hereto that the within amendments shall be binding upon and inure to the benefit or detriment of the parties hereto and their successors and assigns. IN WITNESS WHEREOF, Jimmy Carter, as Governor of the State Of Georgia and Ben W. Fortson, Jr., as Secretary of State of the State of Georgia, have this _.._..__.___.day of ._.__....._....,,..., 1974, signed, sealed and delivered (and affixed the great seal of the State Of Georgia to) this Amendment for and on behalf of the State Of Georgia, Lessor, in dup licate, and Lessee, Allright Parking of Georgia, Inc., has signed, sealed and delivered this Amendment, also in duplicate. 2178 JOURNAL OF THE HOUSE, Signed, sealed and delivered in the presence of: (As to the signatures of Jimmy Carter, Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State Of Georgia) STATE OF GEORGIA By: Jimmy Carter, as Governor of the State Of Georgia. Witness Notary Public My Commission Expires: Attest: Ben W. Fortson, Jr., as Secretary of State of the State Of Georgia (STATE OF GEORGIA SEAL) AFFIX NOTARY PUBLIC SEAL HERE Signed, sealed and delivered in the presence of: /s/ Martin H. Peabody Witness /s/ Stephen F. McLaughlin Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1977 AFFIX NOTARY PUBLIC SEAL HERE ALLRIGHT PARKING OF GEORGIA, INC. (SEAL) By: Garland Follis Title: President (SEAL) Attest: D. C. Richie Title: Asst. Sec. (SEAL) AFFIX CORPORATE SEAL HERE THURSDAY, FEBRUARY 14, 1974 2179 ACKNOWLEDGMENT AND CONSENT The undersigned DOWNTOWN DEVELOPMENT CORP., by its execution hereof, hereby acknowledges and consents to this Amendment to Lease. Signed, sealed and delivered in the presence of: /s/ Norm L. Underwood Witness /s/ Stephen P. McLaughlin Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1977 (NOTARY PUBLIC SEAL) DOWNTOWN DEVELOPMENT CORP. (SEAL) By: John D. Arndt Title Vice-Pres. (SEAL) Attest: J. M. Barge Title: Asst. Sec. (SEAL) (CORPORATE SEAL) ACKNOWLEDGEMENT AND CONSENT The undersigned DOWNTOWN DEVELOPMENT CORP., FM AIR RIGHTS COMPANY and CITY CENTER, INC., a joint venture doing business under the name of ATLANTA AIR-RIGHTS CO., (the "Joint Venture") by their execution hereof, hereby acknowledge and consent to this amendment. Signed, sealed and delivered in the presence of: DOWNTOWN DEVELOPMENT CORP. (SEAL) /s/ Norm L. Underwood Witness /s/ Stephen F. McLaughlin Notary Public My Commission Expires Jan. 9, 1977 Notary Public, Georgia, State at Large. (NOTARY PUBLIC SEAL) By: John D. Arndt Title: Vice-Pres. (SEAL) Attest: J. M. Barge Title: Asst. Sec. (SEAL) [CORPORATE SEAL] 2180 JOURNAL OF THE HOUSE, Signed, sealed and delivered in the presence of: FM AIR RIGHTS COMPANY I si Kathleen T. Saudarg Witness By: John M. Ryan Title: V. Pres. (SEAL) (SEAL) /s/ Jane Campo Notary Public My Commission Expires November 17, 1975. (NOTARY PUBLIC SEAL) Attest: V. Bunn (SEAL) Title: Asst. Secretary [CORPORATE SEAL] Signed, sealed and delivered in the presence of: /s/ Norm L. Underwood Witness CITY CENTER, INC. (SEAL) By: Robert B. Troutman, Jr. Title: Pres. /s/ Stephen F. McLaughlin Notary Public, Georgia, State My Commission Expires Jan. 9, 1977. Attest: Hal S. Dumas, Jr. (SEAL) Title: Sec. (NOTARY PUBLIC SEAL) [CORPORATE SEAL] THURSDAY, FEBRUARY 14, 1974 2181 ACKNOWLEDGEMENT AND CONSENT The undersigned CONSOLIDATED ATLANTA PROPERTIES, LTD. by its execution hereof hereby acknowledges and consents to this Amendment. Signed, sealed and delivered in the presence of: /s/ Norm L. Underwood Witness CONSOLIDATED ATLANTA PROPERTIES, LTD., a Fulton County, Georgia, Limited Partnership By: DOWNTOWN DEVELOP MENT CORP., General Partner (SEAL) /s/ Stephen F. McLaughlin Notary Public Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1977, (NOTARY PUBLIC SEAL) By: John A. Arndt Title: Vice Pres. Attest: J. M. Barge Title: Asst. Sec. (SEAL) (SEAL) (CORPORATE SEAL) EXHIBIT "A" PARCEL A All of the air space over and above the elevation of the underside of Spring Street Viaduct as presently constructed which lies within the boundary of the following described property: ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line 2182 JOURNAL OF THE HOUSE, of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said rightof-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 27.51 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 53 degrees 07 minutes 30 seconds west a distance of 74.22 feet) a distance of 74.23 feet to a point; run thence north 54 degrees 30 minutes 30 seconds west a distance of 66.08 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 51 degrees 09 minutes west a distance of 88.1 feet) a distance of 88.16 feet to a point; run thence north 47 degrees 47 minutes 30 seconds west a distance of 292.96 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct and THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGIN NING AS THUS ESfABLISHED, running thence north 47 degrees 47 minutes 30 seconds west a distance of 42.39 feet to a point; running thence northwesterly along an arc of a curve (having a chord bearing north 47 degrees 11 minutes west a distance of 21.89 feet) a distance of 21.9 feet to a point on a line being coincident with the northwest edge of Spring Street Viaduct; running thence south 18 degrees 45 minutes west along a line being coincident with the northwest edge of Spring Street Viaduct which line forms an interior angle of 65 degrees 56 min utes with the last preceding course a distance of 292.6 feet to a point; running thence south 76 degrees 41 minutes 30 seconds east along a line which forms an interior angle of 84 degrees 33 minutes 30 seconds with the last preceding course a distance of 60.30 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence northeasterly along a line being coincident with the southeast edge of Spring Street Viaduct which line forms an interior angle of 95 degrees 14 minutes with the last preceding course a distance of 40.26 feet to a point; running thence north 18 degrees 32 minutes 30 seconds east along a line being coincident with the southeast edge of Spring Street Viaduct which line forms an interior angle of 180 degrees 16 minutes with the last preceding course a distance of 220.8 feet to THE POINT OF BEGINNING, being the property designated as "Tract 4" and shown as containing 0.38 acres and 16,425 square feet on that certain Blue print of Survey, captioned "SURVEY FOR CONSOLI DATED ATLANTA PROPERTIES, LTD.", dated December 31, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey is for all purposes by this reference incorporated in and made a part of this Amendment; and subject to the rights of the City of Atlanta and the public with respect to the public right-of-way of Spring Street Viaduct from the present street surface level of Spring Street Viaduct to a parallel elevation not less than THURSDAY, FEBRUARY 14, 1974 2183 sixteen and one-half (16.5') feet above the present street surface level of said Viaduct. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. PARCEL B All of the air space over and above a horizontal elevation plane of twelve feet (12') above the present ground level within the boundary of the property described in Parcel A above which is also located below the elevation of the underside of Spring Street Viaduct as presently con structed and which lies between Column Line Number 2 and Column Line Number 3 of said Viaduct, as shown on the plat of survey attached hereto, incorporated in and by reference made a part of this Amendment as Exhibit "1" to this Exhibit "A" and to which plat of survey reference is hereby made for all purposes [the distance between said Column Line Number 2 and Column Line Number 3 being approximately one hundred and four feet (104') as measured at ground level]; and being subject to the rights of the City of Atlanta and the public with respect to the public right-of-way of Spring Street Viaduct. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which much reach the ground level or below. LEE AND EXCEPT FROM THE FOREGOING CONVEYANCE, how ever, all of the air space contained within two (2) twenty foot (20') wide air strips running southeasterly and northwesterly, which air strips are located over and above a horizontal elevation plane of twelve feet (12') over and above the present ground level within the boundary of the above described property and which air strips are further located below the elevation of the underside of Spring Street Viaduct as presently constructed between Column Line Number 2 and Column Line Number 3 of said Viaduct, as shown on the aforesaid Exhibit "1" attached hereto and for all purposes made a part hereof, the exact location of said two (2) twenty foot (20') wide air strips to be determined in accordance with the provisions of that certain Agreement dated as of even date herewith made and entered into by and between Lessee and Consolidated Atlanta Properties, Ltd., and recorded in Deed Book .__........., Pages __,,.----,,.., of the Records of the Clerk of the Superior Court of Fulton County, Georgia. PARCEL C All of the air space over and above a horizontal elevation plane of twelve feet (12') above the present ground level which lies within the boundary of the following described property: 2184 JOURNAL OF THE HOUSE, All that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Ala bama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Ala bama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence north easterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 58 minutes with the last preceding course a distance of 27.51 feet to a point; run thence north westerly along an arc of a curve (having a chord bearing north 53 de grees 07 minutes 30 seconds west a distance of 74.22 feet) a distance of 74.23 feet to a point; run thence north 54 degrees 30 minutes 30 seconds west a distance of 66.08 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 51 degrees 09 minutes west a distance of 88.1 feet) a distance of 88.16 feet to a point; run thence north 47 degrees 47 minutes 30 seconds west a distance of 292.96 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; run thence north 47 degrees 47 minutes 30 seconds west a distance of 42.39 feet to a point; run thence north westerly along an arc of a curve (having a chord bearing north 47 de grees 11 minutes west a distance of 21.89 feet) a distance of 21.9 feet to a point on a line being coincident with the northwest edge of Spring Street Viaduct; run thence northwesterly along an arc of a curve (having a chord bearing north 30 degrees 43 minutes 30 seconds west a distance of 558.72 feet and a radius of 1023.189 feet) a distance of 565.9 feet to a point; run thence north 14 degrees 53 minutes west a distance of 0.5 feet to a point on a line being coincident with the southeast edge of Techwood Viaduct and THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence north 14 degrees 53 minutes west a distance of 79.2 feet to a point on a line being coincident with the northwest edge of Techwood Viaduct; running thence southwesterly along a line being coincident with the northwest edge of Techwood Viaduct and along an arc of a curve (having a chord bearing south 61 degrees 21 minutes 30 seconds west a distance of 292.87 feet) a distance of 293.4 feet to a point; run ning thence south 04 degrees 29 minutes 30 seconds west and along a line which forms an interior angle of 123 degrees 08 minutes with the chord of the last preceding course a distance of 82.50 feet to a point on a line being coincident with the southeast edge of Techwood Viaduct; running thence northeasterly along a line being coincident with the southeast edge of Techwood Viaduct and along an arc of a curve (having a chord bearing north 62 degrees 45 minutes 30 seconds east a distance of 319.23 feet and a radius of 1469.394 feet) a distance of 319.9 feet to THE POINT OF BEGINNING; being the property designated as "Tract 6" and shown as containing 0.52 acres and 22,685 square feet on that certain Blueprint of Survey, captioned "SURVEY FOR CONSOLIDATED THURSDAY, FEBRUARY 14, 1974 2185 ATLANTA PROPERTIES, LTD.", dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Pulton County, Georgia, which Blue print of Survey is for all purposes by this reference incorporated in and made a part of this Amendment; and being subject to the rights of the City of Atlanta and the public with respect to the public rightof-way of Techwood Viaduct from the present street surface level of Techwood Viaduct to a parallel elevation not less than sixteen and onehalf (16.5') feet above the present street surface level of said viaduct. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. EXHIBIT "1" to EXHIBIT "A" Approximate distance between column lines under Spring Street Viaduct (as measured to the center lines of the columns along the southeastern edge of Spring Street Viaduct): Southwest property line to Column Line No. 1--5' 6" Column Line No. 1 to Column Line No. 2--76.0' Column Line No. 2 to Column Line No. 3--104.0' Column Line No. 3 to Column Line No. 4--45.0' Column Line No. 4 to northwest property line--15.0' 2186 JOURNAL OF THE HOUSE, 5 * 8 tt 5 5 S ! S I ': ? 5 I i V;:si;';S:-':i'i : :.::::::::?::: ttMt UrMMMr OtMUtrmtHT Of aH td c! > W PROPERTY OF STATE OF GEORGIA LAND LOT! TT Tl LAUD OI1THUT NOL 14 MPTEHHII 10. ITI KU.t f loo fill ATLANTA . FULTON COUNTY, MOMIA 2188 JOURNAL OF THE HOUSE, EXHIBIT "F" AMENDMENT TO LEASES BY AND BETWEEN STATE OF GEORGIA AND CONSOLIDATED ATLANTA PROPERTIES, LTD. AMENDMENT TO LEASES BETWEEN STATE OF GEORGIA AND CONSOLIDATED ATLANTA PROPERTIES, LTD. TABLE OF CONTENTS Page TITLE PAGE .................................................................._.............. 1 TABLE OF CONTENTS ........................................................... 2- 6 PARTIES ..................................................................................... 7 PREAMBLE ............................................................................ 7- 22 TERM OF AMENDED LEASE ........................................ 23 SECTION ONE: Property Defined ................................ 23 SECTION TWO: Annual Rent ,______..______._.._ 24- 25 SECTION THREE: Rent And Other Sums Payable To Lessor ___._._.___.___..__.___._._____....._..___..-..__.__..--.___...-....._.--....---..._.- 25 SECTION FOUR: Late Charge _._....____.-.. 25- 26 SECTION FIVE: Security Deposit .............................................. 26- 28 (A) Form Of Security Deposit _._.__......._.._..._.___.._..__.._...._. 26 (B) Amount Of Security Deposit ...................................... 26- 28 SECTION SIX: Inadequacy Of Security Deposit ........... 28 SECTION SEVEN: Interchanging Of Security Deposit........... 28 SECTION EIGHT: Interest On Security Deposit .................. 28 SECTION NINE: Return Of Security Deposit ..................... 28 SECTION TEN: Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted ......----_..__----__-----_._.----_...--........---....--_ 29 SECTION ELEVEN: Payment Of Taxes And Assessments ........ 29- 30 SECTION TWELVE: Contest Of Tax ............................. 30 SECTION THIRTEEN: Evidence Of Payment Of Taxes And Assessments ----------------_-...--------.------------.__------.--.- 30- 31 SECTION FOURTEEN: Payment Of Utilities And Services By Lessee --_____,,--__________________....... ---___--__._..--__.--- 31 SECTION FIFTEEN: Payments For Lessee By Lessor .............. 31 SECTION SIXTEEN: Interest On Unpaid Amounts ................... 31 SECTION SEVENTEEN: Compliance By Lessee With Laws And Ordinances ... ...... __....__.,,--__. .--._.._........----...... ...... 32 SECTION EIGHTEEN: Acceptance Of Property By Lessee ....,.._.......__.......-......-......-.......--............._...-............-........... 32- 33 SECTION NINETEEN: Merger Of Improvements By Lessee ............_......-.........-...............-.-..-.......-.................... 33- 35 SECTION TWENTY: Protection Of Adjacent Property During Construction--Construction Insurance .....__._...__..-- 35- 37 SECTION TWENTY-ONE: Insurance Policy Limits Applicable For Year 1974 _..__..._._.--..,,.,,-.,,.,,........... 37 SECTION TWENTY-TWO: Construction Approvals By Lessor -.-__..._-._..-----..--.--.-----------.---..-- 37- 40 THURSDAY, FEBRUARY 14, 1974 2189 SECTION TWENTY-THREE: Substantial Completion Of Improvements ...-..._..__....__.__.__...._...._.._.__..-..._.__..-._._.._..._..._.._.._ 40 SECTION TWENTY-FOUR: Construction According To Approved Plans _..--...,,.--...._.-----._,,--._--.___.--.....__,,.---...-----..-. 40- 42 SECTION TWENTY-FIVE: Payment Of Bills For Con struction ______...__._____.....__..-...___..____.._,___.___._-_-_-____.-----._-----..----- 42 SECTION TWENTY-SIX: All Liens And Rights Are Sub ordinate To Lessor -_..__..__...______._..._____._.___...._____.-----_.---.----.---- 42 SECTION TWENTY-SEVEN: Completion Of Construction By Lessor __......_...._......._--_..._......___...-.....___---.-.._----------.._.------- 42 SECTION TWENTY-EIGHT: Title To The Improvements ........ 43 SECTION TWENTY-NINE: Abandonment Of The Property By Lessee ._..._..__.--.__..---...._-....___--.._____._.._..---._....._.._...._._..... 43- 44 SECTION THIRTY: Subleasing ____...______-___._-......-..- 44- 45 (A) Right To Enter Into Subleases ___..-._____-._.... .................. 44 (B) Recognition By Lessor Of Subleases ......... ........._........... 44- 45 (C) Rights Of Recognized Sublessee _.._..___.__..._..__..._.___._... 45 (D) Limitation Upon Rights Of Recognized Sublessee .......-- _.---.___--.--...----.._--_._.___.----.._------------- 45 SECTION THIRTY-ONE: Assignment Of Lease With Lessor's Consent ..-._..................................................... __........ 45- 46 SECTION THIRTY-TWO: Maintenance Of Property .............. 46 SECTION THIRTY-THREE: Work Required By Govern ment Regulation ........._ _...._.--,,__.._--......-,,......---..._.- _,,____.-_._.._ 47 SECTION THIRTY-FOUR: Indemnification Of Lessor By Lessee --.................--..................--........_..-........--.-.......-........... 47 SECTION THIRTY-FIVE: Addition, Subtraction, Renova tion, Demolition Or Construction Anew Of The Improvements __....._....-_..._..__._._...._-._.....-._.._.__..,,,,......_.........__ 48 SECTION THIRTY-SIX: Return Of The Property To Lessor ........ .._._...---.._._--.______-._..__.---___.__..__.__..---___.__--_......-- ....__ 48 SECTION THIRTY-SEVEN: Casualty And Hazard Insurance .._....-__..._....,,.._.__.._..._.._..__.__.,,____..____...._.___...__..._,, 48- 49 (A) Casualty And Hazard Insurance On Improve ments -..__..__---.-___..--___.....___.-__-._.__...._.___._...___._..-_..__-___...__-__. 48- 49 (B) Loss Payable Clauses ....____...--_.....-._.......--......__..._._._......... 49 SECTION THIRTY-EIGHT: No Invalidation Of Insurance By Lessee ___.._.._._--_....._.--._.__.....___.._-.-___.__..___.__..,._.__......__._____.__.__.._. 49- 50 SECTION THIRTY-NINE: Repair Of Damaged Improve ments _-----..-.---...--------.-.._._.----.._--....__.----..._-..._.._-_..._.__-.......__ 50- 51 SECTION FORTY: Damages For Failure To Comply With Repair Obligation _...._.............. ............................ 51- 52 SECTION FORTY-ONE: Workman's Compensation Insur ance ........ .............. ....... ........................_.....__.............__....... 52 SECTION FORTY-TWO: Use Of Proceeds Of Insurance ....... 52- 53 SECTION FORTY-THREE: Termination Prior To Comple tion Of Repair ....-- .._.---.....---.-._--..__.--.___...-.___..__._....____-_.______ 53 SECTION FORTY-FOUR: Public Liability Insurance -........._... 53- 54 SECTION FORTY-FIVE: Delivery Of Insurance Policies .......... 54 SECTION FORTY-SIX: Evidence Of Payment Of ' Premiums .._-................-._._.._-_..........._..._.-.._....._.........._.............. 54 SECTION FORTY-SEVEN: Mortgaging Of The Leasehold ...... 54- 61 (A) Form Of Security Instrument --..____--...-__--_______...________________ 55 (B) Consent To Amendment _..-.-.-----.,,-.----,,--..--__--._______..______ 55 (C) Notices To Leasehold Mortgagees ----..----...__-...-..._...-.__._ 55- 56 2190 JOURNAL OF THE HOUSE, (D) Curative Rights Of Leasehold Mortgagees ______________________ 56 (E) Limitation Upon Termination Rights Of Lessor ______--__,,---____._,,__.______,,_--___,,__--_.--_--_-------- -- 56- 57 (F) Assignment ......._-........_._.....,,__........._-....__._,,.._,,_....,,...__......_. 57 (G) Mortgagee Leases __________________________ ___,,__---.---__..--_- 57- 59 (H) Agreement Between Lessor And Leasehold Mortgagee ._.,,_,,_._._,,_.__...__..___._._......__.._._-.._-- 59- 60 (I) Limitation On Number Of Leasehold Mortgages ._.,,..--.-.,,-.,,...,,_-..._--__--..--.--.-----_--.__--_._------ 60 (J) Limitation On Liability Of Leasehold Mortgagee _______________,,__________________.________..________________.________________,, 60- 61 SECTION FORTY-EIGHT: Default Lessee's Right To Cure-Lessor's Rights Upon Failure By Lessee To Cure __________ 61- 62 (A) Termination Rights Of Lessor ___..._____.____.____._________._..__________. 61- 62 (B) Reletting Rights Of Lessor _._-.__._..____.___..__-_..__________.____--. 62 SECTION FORTY-NINE: Extinguishment Of Lessee's Rights Upon Termination ____________-.__________-________-__-__.__-__--____.----. 62- 63 SECTION FIFTY: Prepaid Items Assigned __________________________________ 63 SECTION FIFTY-ONE: Bankruptcy-Appointment Of A Receiver-Debtor Relief Proceedings-General Assignment For Benefit Of Creditors-Levy Upon Property _______________________ 63- 64 (A) Bankruptcy-_-___-___._.._____-_.__._______-__.-_____-____-______._.______-__..__.-_.-_ 64 (B) Receivership _____________________________________________________________________________ 64 (C) Debtor Relief ,,__._.....___._________..____..._______,,_._.____.___,,_._...__.____.__.. 64 (D) Assignment For Benefit Of Creditors _._.--_____--________---- 64 (E) Levy Upon Property __.__..____._.________.____ ____________ ______ 64 SECTION FIFTY-TWO: Inspection Of Property By Lessor ______..________.___._____--____________________,,._________-______--_._.__________.________--_ 64 SECTION FIFTY-THREE: Property Subject To Zoning ____________ 65 SECTION FIFTY-FOUR: Total Or Partial Condemnation ________ 65- 71 (A) Lease Termination ________________________________________________________________ 65- 66 (1) Total Condemnation _.______.._.___._________.____..___._______._______.._._ 65 (2) Partial Condemnation _____________________________________.__,,--_ 66 (B) Separate Awards _______._._._______.____________.______.___..._____._._._.___...____ 66- 67 (C) Division Of Single Award--Total Condemnation ____________ 67- 68 (D) Division Of Single Award--Partial Condemnation __...___._ 68- 69 (E) Use Of Lessee's Award _______________________________________________________ 69 (F) Appraisals _.._________.__..______._.__________._.._..___._._________._._.______._________ 69- 71 (G) Other Evidence __..__..___.___________________._________.______._..___._____._____...._ 71 SECTION FIFTY-FIVE: Lessee's Rights And Obliga tions With Respect To Certain Of The Terms And Conditions Contained In Exception (A) Entitled Air, Mineral And Other Rights Con tained in The March 4, 1968, Western & Atlantic Railroad Lease _---_________-.____.__--.______-___-____________._____.__.._ 71- 73 (A) Simultaneous Submission To Lessor And To Louisville And Nashville Railroad Company ____.____.__________._.___________,,____._.___._____.__.__.___________.._______..__ 72 (B) Relocation Of Railroad Tracks _,,_,,,,.,,.____.__.__ 72- 73 SECTION FIFTY-SIX: Estoppel Certificates __ _ . _ 73- 74 (A) Validity Of Lease ___,,._. .__._._.,..,,..,,,,,,_..._...._,, 73- 74 (B) Payment Of Rent ____..._,,____..__.._____...____ 74 (C) Amount Of Rent Due ..._.._._._______.__..___._,,._______.__.__..____...._ 74 (D) Security Deposits ___--__-,,_-..-_____--___.__.________-__._________.___________.__ 74 THURSDAY, FEBRUARY 14, 1974 2191 (E) Recognized Subleases -----.--.-----.-------.--..----._.-.........._ 74 (F) Defaults By Lessee ....___......_._..__.._..._..............._..__.._..._.. 74 SECTION FIFTY-SEVEN: Individual Leases ..____. 74- 78 (A) Content Of Individual Leases .......-- _._..--...__.-..._._.-.. ...... 74- 77 (1) Parties -....-.__._-_.._._--...____...-..- 75 (2) Property ..._...._.__...._..__..._._._...__._._...__.___.....__.....___............. 75 (3) Annual Rent ..._......__._.____..._______.,,._....._.___......_.... 76 (4) Lessee's Assumption Of Obligations Owed To Louisville And Nashville Railroad Company _.,,.._...--..._..,,,,._..-...._..... ........... 76 (5) Warranty .......-..._....__..............-_._._..__....,___._._- 76 (6) Form Of Individual Lease ................:...... 76- 77 (7) Deletion Of The Terms And Conditions Of This Section Fifty-Seven From Individual Leases ---.---...-----..-----,-----.-----.------. 77 (B) Submission Of Individual Leases To The Commission -------------__._----._.,,---.__-----.---._..---__..----_,,_-- 77 (1) Form Of Amendment .__._..-...__...____..__.._-_,-. 77 (2) Plat Of Survey _._______.______.___._.. 77 (C) Execution Of Individual Leases ___._....._.,,.____.--.-- 77 (D) Content Of Amendments To This Amended Lease ,,....__._...._..-....__...__.-._-......_.....__.......__......____..._____......___._ 77- 78 (1) Property __.__...__...__.___..__._..__ 78 (2) Rent _...... ._...--..__..__.._.____ 78 (3) Ratification ....... ...... ..._.,,...._...._.--._.-._..-_._._.-. 78 (E) Restriction Upon Cumulative Amount Of Rent -.__-.........-.-..__........_....._._.._.._._...____....____....____..__.____...___.__.. 78 SECTION FIFTY-EIGHT: Addresses For Notices--Re quirement That All Notices, Demands And Re quests Be In Writing --_____--_________________.____,,_______..________________.__________ 79 SECTION FIFTY-NINE: Submission Of Matters To Lessor For Approval ,,._-___--________________________________________________________ 79- 80 SECTION SIXTY: Holding Over By Lessee .......__......____...__........ 80- 81 SECTION SIXTY-ONE: No Waiver Of Rights By Lessor ........ 81 SECTION SIXTY-TWO: Rights Are Cumulative . . 81 SECTION SIXTY-THREE: Provisions Are Binding Upon Assigns And Are Covenants Real ....-.-.....-_.......__..........,,_...__.___ 81- 82 SECTION SIXTY-FOUR: Georgia Law Applies __......__........_....... 82 SECTION SIXTY-FIVE: All Genders And Numbers Included ...__.....__........-__....._......__.,,..._....._..__..................,,...._.......,,... 82 SECTION SIXTY-SIX: Invalidity Of Provision Or Part Thereof -...__.._._....._......_.....-._..-...._....._......___..,,.._.._.__...._._......... 82 SECTION SIXTY-SEVEN: State Properties Commission Acts For Lessor ....__......................_.................. ... ... . 82- 83 SECTION SIXTY-EIGHT: Time Is Of Essence ...... 83 SECTION SIXTY-NINE: Section Captions Are To Be Disregarded _-.....- ........ ..__--.__.,_._._-._....._...._..._.___.....__._______.. 83 SECTION SEVENTY: Entire Agreement Contained Herein ._..__.......___._._____.__..__.______..._____...___...____..__.._.._...,,______ 83- 84 SIGNATURES _...._..._.__._._.___._________ 84 ACKNOWLEDGEMENTS AND CONSENTS: ......... .. ..... . 85- 89 ATLANTA AIR-RIGHTS CO. ...... .... .... . . 85- 86 CITY CENTER, INC. -....._.........-......._...._._...._......_...................... 86 DOWNTOWN DEVELOPMENT CORP. ...... ...... .... ...... . 87 ALLRIGHT PARKING OF GEORGIA, INC. ............................ 88 2192 JOURNAL OF THE HOUSE, TRUSTEES UNDER THE WILL OP BEN J. MASSELL, DECEASED _ 89 EXHIBITS: Exhibit "A"--LEGAL DESCRIPTIONS AND PLATS OF SURVEY ...... 90-100 Exhibit "B"--PERMITTED EXCEPTIONS AND ENCUMBRANCES ____....__--__---_______------..-_--_-_--101-102 STATE OF GEORGIA, COUNTY OF FULTON: AMENDMENT TO LEASES This AMENDMENT TO LEASES, hereinafter for convenience referred to as "Amended Lease", is made and entered into this ...._._.._.____. day of .._.....___._...___._._.._.. , 197....-., by and between the STATE OF GEOR GIA, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution Act No. passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on . ___ ........_._..., 1974, (Ga. Laws 1974, pp. ____.._.- .__.), Party Of The First Part, herein after for convenience referred to as "Lessor", and CONSOLIDATED ATLANTA PROPERTIES, LTD., a Fulton County, Georgia, Limited Partnership whose sole general partner is DOWNTOWN DEVELOP MENT CORP., a Georgia corporation, and whose sole limited partners are FM AIR RIGHTS COMPANY, a Delaware corporation, and CITY CENTER, INC., a Georgia corporation, Party Of The Second Part, hereinafter for convenience referred to as "Lessee". WITNESSETH THAT: WHEREAS, Lessor is the owner of the fee simple title in and to certain real property located in Fulton County, Georgia, said real property being more particularly described in Exhibit "A" which is attached hereto, incorporated in and by reference made a part hereof, and being therein designated as Tracts 2, 3, 4-A, 4-B, 5 and 6 respec tively; and WHEREAS, under and by virtue of that certain unrecorded Lease dated March 1, 1972, entered into by and between Lessor, acting through the State Properties Control Commission and by virtue of and pursuant to the authority granted by Resolution Act No. 102 passed by the 1972 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 1, 1972 (Ga. Laws 1972, pp. 58-132), and Allright Parking of Georgia, Inc., hereinafter referred to as "Allright", said Lease being hereinafter referred to as the "1972 Allright Lease", Lessor did lease and demise unto Allright, subject to certain encumbrances enumerated therein, certain real property located in Fulton County, Georgia, which is more particularly described in the said 1972 Allright Lease. A portion of the real property leased and demised therein (consisting of air rights only) is more particularly described in the aforesaid Exhibit "A" hereof and is therein designated as Tracts 4-A, 4-B and 6; and THURSDAY, FEBRUARY 14, 1974 2193 WHEREAS, under and by virtue of that certain unrecorded Sub lease dated October 11, 1972, entered into by and between Allright, as Sublessor, and Forum International, Inc., hereinafter referred to as "Forum", as Sublessee, said Sublease, as subsequently amended from time to time prior to the date of the execution of this Amended Lease by Lessor, being hereinafter referred to as the "1972 Sublease", Allright did lease and demise unto Forum certain real property (consisting of air rights only) located in Fulton County, Georgia, which is more particularly described in the aforesaid Exhibit "A" hereof and is therein designated as Tracts 4-A, 4-B and 6; and WHEREAS, under and by virtue of that certain Lease dated January 12, 1960, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State Of Georgia and by virtue of and pursuant to the authority granted by (i) Resolution Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and ap proved by the Governor of the State Of Georgia on February 17, 1950 (Ga. Laws 1950, pp. 408-412), and (ii) Resolution Act No. 393 passed by the 1959 Regular Session of the Georgia General Assembly and ap proved by the Governor of the State Of Georgia on March 17, 1959 (Ga. Laws 1959, pp. 365-366), as lessor and City Center, Inc., as lessee, recorded in Deed Book 4721, Pages 28-39, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, said Lease, as subsequent ly amended from time to time as more particularly hereinafter set forth prior to the date of the execution of this Amended Lease by Lessor, being hereinafter referred to as the "1960 Lease", lessor did lease and demise unto City Center, Inc. the air rights above certain real property located in Fulton County, Georgia (said air rights including those air rights lying above a portion of the property later leased and demised to Allright under the said 1972 Allright Lease, the said 1960 Lease being one of the enumerated encumbrances in the said 1972 Allright Lease), said air rights being more particularly described in the aforesaid Ex hibit "A" hereof and therein designated as Tract 5; and WHEREAS, under and by virtue of that certain Contract dated November 25, 1966, and recorded in Deed Book 4721, Pages 5-12, afore said Records, City Center. Inc., assigned all of its rights, title and inter est in, to, under and by virtue of the said 1960 Lease to Cousins Proper ties Incorporated; and WHEREAS, under and by virtue of an assignment dated December 20, 1966, and recorded in Deed Book 4721, Pages 1-4, aforesaid Records, Cousins Properties Incorporated assigned all of its rights, title and interest in, to, under and by virtue of the said 1960 Lease to Downtown Development Corp., hereinafter sometimes referred to as "Downtown"; and WHEREAS, under and by virtue of an assignment dated April 10, 1967, and recorded in Deed Book 4741, Pages 82-84, aforesaid Records, Downtown assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a thirty-seven and one-half (37.5%) per cent undivided interest therein, to FM Air Rights Com pany; and 2194 JOURNAL OF THE HOUSE, WHEREAS, under and by virtue of an assignment dated April 10, 1967, and recorded in Deed Book 4741, Pages 85-86, aforesaid Records, Downtown assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a twenty-five (25%) per cent undivided interest therein, to City Center, Inc.; and WHEREAS, the said 1960 Lease was amended by an instrument executed by and between the parties thereto dated February 15, 1968, and recorded in Deed Book 4903, Pages 422-428, aforesaid Records, and by a further instrument dated January 31, 1972, and recorded in Deed Book 5545, Pages 295-302, aforesaid Records; and WHEREAS, a portion of the property demised under the said 1960 Lease (and being therein designated as "Tract 3"), a portion of the property demised under the said 1972 Allright Lease (and being therein designated as "Tracts 6, 7 and 8"), and a portion of the property demised under the said 1972 Sublease were severed from their respec tive leases and incorporated into a new direct lease dated April 9, 1973, hereinafter referred to as the "Direct 1973i Omni Lease", entered into by and between Lessor, acting through the State Properties Con trol Commission and by virtue of and pursuant to the authority granted by Resolution Act No. 11 passed by the 1973 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on April 9, 1973 (Ga. Laws 1973, pp. 346-430), and Omni International, Inc. (formerly Forum International, Inc.), hereinafter referred to as "Omni", as lessee, which direct lease is recorded in Deed Book 5851, Pages 191-293, aforesaid Records; and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, Pages 87-89, afore said records, FM Air Rights Company assigned its rights, title and interest in, to, under and by virtue of the said 1960 Lease, as to a two and one-half (2.5%) per cent undivided interest therein, to Downtown; and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, Pages 90-92, aforesaid Records, City Center, Inc., assigned its rights, title and inter est in, to, under and by virtue of the said 1960 Lease, as to a twelve and one-half (12.5%) per cent undivided interest therein, to Downtown; and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, Pages 343-347, aforesaid Records, Downtown Development Corp., FM Air Rights Company and City Center, Inc., assigned all of their rights, title and interest in, to, under and by virtue of the said 1960 Lease to Lessee; and WHEREAS, Allright, as Sublessor, and Omni, as Sublessee, en tered into a Restated Sublease dated September 28, 1973, and recorded in Deed Book 5941, Pages 95-123, aforesaid Records, said Restated Sublease being hereinafter referred to as the "Restated Sublease", which Restated Sublease superceded for all purposes the said 1972 Sublease, and under the terms of the said Restated Sublease Allright leased and THURSDAY, FEBRUARY 14, 1974 2195 demised to Omni certain real property (consisting of air rights only) located in Pulton County, Georgia, being the same property which remained under the said 1972 Sublease following the severance hereinabove referred to, said real property being more particularly described in the aforesaid Exhibit "A" hereof and therein designated as Tracts 4-A, 4-B and 6; and WHEREAS, under and by virtue of an assignment dated November 20, 1973, and recorded in Deed Book 5946, Pages 21-32, aforesaid Records, Omni assigned all of its rights, title and interest in, to, under and by virtue of the said Restated Sublease to Downtown; and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, Pages 93-99, .afore said Records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said Restated Sublease to Downtown Development Corp., FM Air Rights Company, and City Center, Inc., said Downtown Development Corp., FM Air-Rights Company and City Center, Inc., comprising a joint venture doing business under the name of Atlanta Air-Rights Co. and being hereinafter sometimes col lectively referred to as "Atlanta Air-Rights Co."; and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, Pages 348-351, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said Restated Sub lease to Lessee; and WHEREAS, the Lessee, Downtown Development Corp., FM Air Rights Company, City Center, Inc., and Allright have proposed that the portion of the real property which was demised by Lessor to Allright under the said 1972 Allright Lease and which was thereafter subleased by Allright to Omni under the said Restated Sublease (being the same property remaining under sublease from Allright to Omni following execution of the said Direct 1973 Omni Lease), said property being designated as Tracts 4-A, 4-B and 6 in the aforesaid Exhibit "A" attached hereto and being hereinafter sometimes referred to as the "Severed Allright Property", be severed from the said 1972 Allright Lease; that the said Restated Sublease be terminated; that Allright be relieved of its obligations under the said 1972 Allright Lease as to the Severed Allright Property; and that the Severed Allright Property be incorporated into the said 1960 Lease, as hereinafter amended; and WHEREAS, under and by virtue of that certain AMENDMENT TO LEASE to be entered into by and between Lessor, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution Act No. ..,,_.-..-- passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on _............_..._.., 1974 (Ga. Laws 1974, pp. ._.. - ......_. ), Party Of the First Part, and Allright, Party Of the Second Part, the Severed Allright Property shall be severed from the said 1972 Allright Lease and Allright shall be relieved of its obligations under the said 1972 Allright Lease with respect to the Severed Allright Property; and 2196 JOURNAL OF THE HOUSE, WHEREAS, for the purpose of evidencing its consent to the within amendment to the said 1960 Lease, and for the further purpose of acknowledging and affirming its continuing obligations and liability under the said 1960 Lease, as hereinafter amended, Atlanta Air-Rights Co., though expressly not a party hereto, has caused these presents to be executed for the purpose of evidencing its consent, acknowledgement and affirmance as aforesaid; and WHEREAS, for the purpose of evidencing its consent to the within amendment to the said 1960 Lease, and for the further purpose of acknowledging and affirming its continuing obligations and liability under the said 1960 Lease, as hereinafter amended, City Center, Inc., though expressly not a party hereto, has caused these presents to be executed following the execution of Atlanta Air-Rights Co. for the purpose of evidencing its consent, acknowledgement and affirmance as aforesaid; and WHEREAS, for the purpose of evidencing its consent to the within amendment to the said 1960 Lease, and for the further purpose of acknowledging and affirming its continuing obligations and liability under the said 1960 Lease, as hereinafter amended, Downtown Develop ment Corp., though expressly not a party thereto except in its capacity as the sole general partner of Lessee, has caused these presents to be executed following the execution of City Center, Inc., for the purpose of evidencing its consent, acknowledgement and affirmance as aforesaid; and WHEREAS, for the purpose of evidencing its consent to the incor poration of the Severed Allright Property into the said 1960 Lease, as hereinafter amended, and the termination of its obligations under the said 1972 Allright Lease with respect to the Severed Allright Property, Allright, though expressly not party hereto, it being expressly under stood and agreed by and between Lessor, Lessee and Allright that Allright shall have no liability whatsoever hereunder with respect to the Property (as hereinafter defined) leased and demised herein, has caused these presents to be executed following the execution by Down town Development Corp. for the limited purposes set forth hereinabove; and II WHEREAS, Lessor is the owner of the fee simple title in and to certain real property located in Fulton County, Georgia, said real property being more particularly described in Exhibit "A" which is attached hereto, incorporated in and by reference made a part hereof, said real property being therein designated as Tract 2; and WHEREAS, under and by virtue of that certain Lease dated May 15, 1970, entered into by and between Lessor, acting through the State Properties Control Commission and by virtue of and pursuant to the authority granted by (i) Resolution Act No. 240 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 24, 1970 (Ga. Laws 1970, pp. 752-838), and (ii) Resolution Act No. 267 passed by the 1970 THURSDAY, FEBRUARY 14, 1974 2197 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on March 24, 1970 (Ga. Laws 1970, pp. 850- 937), and Downtown Development Corp., FM Air Rights Com pany and City Center, Inc., a Joint Venture Partnership, said Down town Development Corp., FM Air Rights Company and City Center, Inc., doing business as "Atlanta Air-Rights Co.", as lessee, recorded in Deed Book 5544, Pages 365-432, aforesaid Records, said Lease being hereinafter referred to as the "1970 Lease", Lessor did lease and demise unto Atlanta Air-Rights Co. certain real property (consisting of air rights only) located in Fulton County, Georgia, said real property being more particularly described in the aforesaid Exhibit "A" hereof and therein designated as Tract 2; and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, Pages 339-342, aforesaid Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said 1970 Lease to Lessee; and WHEREAS, Lessor and Lessee desire to amend the said 1970 Lease as hereinafter provided; and WHEREAS, for the purpose of evidencing its consent to the within amendment to the said 1970 Lease, and for the further purpose of acknowledging and affirming its continuing obligations and liability under the said 1970 Lease as hereinafter amended, Atlanta Air-Rights Co., though expressly not a party hereto, has caused these presents to be executed for the purpose of evidencing its consent, acknowledgement and affirmance as aforesaid; and III WHEREAS, Lessor is the owner of the fee simple title in and to certain real property located in Fulton County, Georgia, said real property being more particularly described in Exhibit "A" which is attached hereto, incorporated in and by reference made a part hereof, said property being therein designated as Tract 3; and WHEREAS, under and by virtue of that certain Lease dated December 26, 1950, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Prop erties Commission, acting for the State Of Georgia and by virtue of and pursuant to the authority granted by Resolution Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and ap proved by the Governor of the State Of Georgia on February 17, 1950 (Ga. Laws 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corporation, as lessee, recorded in Deed Book 2599, Pages 508-512, aforesaid Records, said Lease, as subsequently amended from time to time as more particularly hereinafter set forth prior to the date of the execution of this Amended Lease by Lessor, being here inafter referred to as the "1950 Lease", lessor did lease and demise unto Peachtree-Whitehall, Inc., certain real property (consisting of air rights only) located in Fulton County, Georgia (and being desig nated in the said 1950 Lease as Tracts 3, 4 and 5, respectively), a por- 2198 JOURNAL OF THE HOUSE, tion of which real property (being the same property as is designated as Tract 5 in the said 1950 Lease) is more particularly described in the aforesaid Exhibit "A" hereof and is therein designated as Tract 3; and WHEREAS, the said 1950 Lease was confirmed by Resolution Act No. 11 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 19, 1951 (Ga. Laws 1951, pp. 824-826) ; and WHEREAS, the said 1950 Lease was subsequently amended by Resolution Act No. 469 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 21, 1951 (Ga. Laws 1951, pp. 748-749), and by an agreement between the parties to the said 1950 Lease dated Decem ber 21, 1954, recorded in Deed Book 4420, Pages 579-583, aforesaid Records; and WHEREAS, the said 1950 Lease was assigned by PeachtreeWhitehall, Inc., to Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees (Marital Deduction Trust) under the Will of Ben J. Massell, deceased (said individuals being hereinafter sometimes col lectively referred to as the "Massell Trustees"), by a Transfer of Lease dated May 31, 1968, and recorded in Deed Book 5022, Page 185, afore said Records; and WHEREAS, under and by virtue of that certain unrecorded Sublease dated August 15, 1969, entered into by and between the Massell Trustees, as Sublessor, and Downtown, as Sublessee, said Sublease, as subsequently amended from time to time, being hereinafter referred to as the "1969 Sublease", the Massell Trustees did lease and demise unto Downtown certain real property (consisting of air rights only) located in Fulton County, Georgia (said real proprty consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease), a portion of which real property (being the same property as was designated as Tract 5 in the said 1969 Sublease) is more particularly described in the aforesaid Exhibit "A" hereof and is therein designated as Tract 3; and WHEREAS, the said 1950 Lease was further amended by an un recorded agreement entered into by and between Lessor, acting through the State Properties Control Commission, a successor in law to the Western and Atlantic Railroad Commission, by virtue of and pursuant to the authority granted by Resolution Act No. 126 passed by the 1970 Regular Session of Georgia General Assembly and approved by the Governor of the State Of Georgia on March 20, 1970 (Ga. Laws 1970, pp. 408-415), as Party Of The First Part, and the Massell Trustees and Downtown, as Parties Of The Second Part; and WHEREAS, the said 1969 Sublease was amended by an unrecorded agreement entered into by and between the Massell Trustees and Down town, dated May 14, 1970; and WHEREAS, the Massell Trustees, as Sublessor, and Downtown, THURSDAY, FEBRUARY 14, 1974 2199 as Sublessee, did enter into a restated Sublease dated May 31, 1971, hereinafter referred to as the "1971 Sublease", a short form of which is recorded in Deed Book 5477, Pages 118-120, aforesaid Records, which 1971 Sublease provides that it contains the entire agreement of the parties thereto and supercedes the said 1969 Sublease; and under the terms of which 1971 Sublease the Massell Trustees did lease and demise unto Downtown certain real property located in Fulton County, Georgia (said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease and being the same property as was demised under the said 1969 sublease), a portion of which real property (being the same property as is designated as Tract 5 in the said 1971 Sublease) is more particular ly described in the aforesaid Exhibit "A" hereof and is therein desig nated as Tract 3; and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, Pages 67-68, afore said Records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Atlanta AirRights Co.; and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, recorded in Deed Book 5946, Pages 321-323, afore said Records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Lessee; and WHEREAS, the portion of the real property demised by the West ern and Atlantic Railroad Commission to Peachtree-Whitehall, Inc., under the said 1950 Lease (and therein designated as Tract 5), being a portion of the property demised by the Massell Trustees to Downtown under the said 1971 Sublease (said property being designated as Tract 3 in Exhibit "A" attached hereto and being hereinafter sometimes referred to as the "Severed Peachtree-Whitehall Property"), has been severed from the said 1950 Lease; the said 1971 Sublease has been terminated as to the Severed Peachtree-Whitehall Property; the Severed Peachtree-Whitehall Property has been incorporated into an amendment to the 1950 Lease to be entered into by and between Lessor and the Massell Trustees upon substantially the same terms and condi tions, appropriately prorated, as were contained in the said 1950 Lease, as amended; and the rights of the Massell Trustees with respect to the Severed Peachtree-Whitehall Property have been assigned by the said Massell Trustees to Downtown and thereafter by Downtown to Lessee; and WHEREAS, for the purposes of (i) requesting that the Severed Peachtree-Whitehall Property be incorporated into this Amended Lease; (ii) evidencing their consent to the aforesaid action; and (iii) acknowl edging and affirming their continuing obligations and liability under the said 1950 Lease, as amended, Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees Under the Will of Ben J. Massell, de ceased (successors in interest to the Massell Trustees), herinafter some times collectively referred to as the "Trustees", though expressly not parties hereto, it being understood and agreed by and between Lessor, Lessee and the Trustees that said Trustees shall have no liability what- 2200 JOURNAL OP THE HOUSE, soever hereunder will respect to the Property (as herinafter defined) leased and demised herein, have caused there presents to be executed following the execution of Allright for the limited purposes set forth hereinabove; and IV WHEREAS, the Property (as hereinafter defined) being leased and demised by Lessor to Lessee hereunder is presently either leased directly or subleased indirectly by Lessor to Lessee, and no other prop erty not presently leased or subleased as aforesaid by Lessor to Lessee is being leased and demised hereunder, the purpose of this Amended Lease being to amend the existing leases and subleases under and by virtue of which the property (as hereinafter defined) leased and demised herein is presently leased and demised; and WHEREAS, the execution of this Amended Lease by Lessor has been approved by Resolution Act No. .._._... passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on _. .........._... .._....._._...._....., 1974 (Ga. Laws 1974, pp. __,,.____ - _...._..) ; NOW, THEREFORE, in consideration of the premises, the rental to be paid hereunder, the mutual covenants and agreements herein set forth by each party to be kept and performed, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby expressly acknowledged by each party hereto, Lessor and Lessee do hereby mutually covenant and agree: (i) that the said 1960 Lease is hereby amended as hereinafter set forth and as amended, sets forth all the rights, duties, obligations and liabilities of Lessor and Lessee with respect to that portion of the Property (as hereinafter defined) leased and demised in the said 1960 Lease; and (ii) that the Severed Allright Property shall be and is hereby incorporated in and made a part of the Property (as hereinafter defined) which is leased and demised under the 1960 Lease, as here inafter amended; and (iii) that the said 1970 Lease is hereby amended as hereinafter set forth and as amended sets forth all the rights, duties, obligations and liabilities of Lessor and Lessee with respect to that portion of the Property (as hereinafter defined) leased and demised in the said 1970 Lease; and (iv) that the Severed Peach tree-Whitehall Property be and is hereby incorporated in and made a part of the Property (as hereinafter defined) which is leased and demised hereunder; and (v) that from and after the date of the execution of this Amended Lease by Lessor, all rights, duties, obligations and liabili ties of Lessor and Lessee with respect to the Property (as herein- THURSDAY, FEBRUARY 14, 1974 2201 after defined) shall be determined in accordance with the pro visions, covenants, agreements, stipulations, exhibits, terms and conditions of this Amended Lease; and (vi) that the provisions, covenants, agreements, stipulations, exhibits, terms and conditions of this Amended Lease are as follows: WITNESSETHTHAT: Lessor, for and in consideration of the premises and of the rents, provisions, covenants, agreements, stipulations, exhibits, terms and conditions hereinafter set forth and herein collectively referred to as "provisions", does hereby let, lease and demise, subject to all of the exceptions and encumbrances enumerated in Exhibit "B" attached hereto, incorporated in and by reference made a part hereof, unto Lessee and Lessee does hereby take, lease and hire from Lessor, subject to all of the exceptions and encumbrances enumerated in the aforesaid Exhibit "B" hereof, all of the right, title and interest which the Lessor has in and to the property more particularly described in Exhibit "A" which is attached hereto, incorporated in and by reference made a part hereof. TOGETHER WITH all the buildings, structures and improvements (herein referred to as the "Existing Improvements") of Lessor which are located within the horizontal and vertical limits of the property more particularly described in Exhibit "A" hereof on the date of the execution of this Amended Lease by Lessor; Provided, however, that notwithstanding anything contained herein to the contrary, it is hereby recognized and acknowledged by Lessor that the existing improvements located in and upon that portion of the property more particularly described in Exhibit "A" hereof and therein designated as Tract 5 have been constructed by Lessee pursuant to its rights as set forth in the said 1960 Lease and that such existing improvements are and shall remain until the expiration or termination of this Amended Lease the property of Lessee. TO HAVE AND TO HOLD the said property more particularly described in Exhibit "A" hereof and the Existing Improvements for a term commencing on the date of the execution of this Amended Lease by the Governor of the State Of Georgia and the Secretary of State of the State Of Georgia (hereinbefore and hereinafter referred to as the "date of the execution of this Amended Lease by Lessor") and expiring at 12:00 o'clock midnight on December 27, 2044, unless this Amended Lease shall be sooner terminated as hereinafter provided. This Amended Lease and all rights of the parties hereunder, including any rights of the Lessee to use of the land for supports and appurtenances, are expressly subject to the provisions as hereinafter set forth, all of which the parties hereto respectively agree to keep, abide by and perform during the term hereof. Section One: Property Defined. All of the property more partic ularly described in Exhibit "A" hereof, together with all of the build ings, other structures and improvements of Lessor which are located 2202 JOURNAL OF THE HOUSE, within the horizontal and vertical limits of the said property as of the date of the execution of this Amended Lease by Lessor, and all of the buildings, other structures and improvements heretofore or hereinafter constructed by Lessee, its successors, assigns or sublessees and located within the horizontal and vertical limits of the property more partic ularly described in Exhibit "A" hereof shall be referred to in this Amended Lease as the "Property". Section Two: Annual Rent. Lessee covenants and agrees to pay to Lessor throughout the term of this Amended Lease the annual rental (hereinafter referred to as the "Rent") provided for in this Section Two. The Rent shall be payable, in advance, in equal monthly install ments due on the first day of each calendar month throughout the term hereof. The Rent shall be prorated for any month in which this Amended Lease is not in effect for the entire month. The Rent payment due for the remainder of the month in which the date of the execution of this Amended Lease by Lessor occurs shall be due and payable on said date of execution. The Rent payable during the term of this Amended Lease shall be as follows: Rent Period January 1, 1974 through December 31, 1974 January 1, 1975 through December 31, 1975 January 1, 1976 through December 31, 1976 January 1, 1977 through December 31, 1977 January 1, 1978 through December 31, 1978 January 1, 1979 through December 31, 1979 January 1, 1980 through December 31, 1980 January 1, 1981 through December 31, 1981 January 1, 1982 through December 31, 1982 January 1, 1983 through December 31, 1983 January 1, 1984 through December 31, 1984 January 1, 1985 through December 31, 1985 January 1, 1986 through December 31, 1986 January 1, 1987 through December 31, 1987 January 1, 1988 through December 31, 1988 January 1, 1989 through December 31, 1989 January 1, 1990 through December 31, 1990 January 1, 1991 through December 31, 1991 January 1, 1992 through December 31, 1992 January 1, 1993 through December 31, 1993 January 1, 1994 through December 31, 1994 January 1, 1995 through December 31, 1995 January 1, 1996 through December 31, 1996 January 1, 1997 through December 31, 1997 January 1, 1998 through December 31, 1998 January 1, 1999 through December 31, 1999 January 1, 2000 through December 31, 2000 January 1, 2001 through December 31, 2001 January 1, 2002 through December 31, 2002 January 1, 2003 through December 31, 2003 January 1, 2004 through December 31, 2004 January 1, 2005 through December 31, 2005 Annual Rent $180,000.00 181,800.00 183,600.00 185,400.00 187,200.00 211,014.00 232,014.00 234,114.00 236,214.00 238,314.00 269,131.00 290,731.00 293,131.00 295,531.00 297,931.00 300,331.00 320,731.00 323,431.00 326,131.00 328,831.00 331,531.00 345,744.00 350,271.00 354,798.00 359,325.00 363,852.00 368,379.00 372,906.00 377,433.00 381,960.00 386,487.00 391,014.00 THURSDAY, FEBRUARY 14, 1974 January 1, 2006 through December 31, 2006 January 1, 2007 through December 31, 2007 January 1, 2008 through December 31, 2008 January 1, 2009 through December 31, 2009 January 1, 2010 through December 31, 2010 January 1, 2011 through December 31, 2011 January 1, 2012 through December 31, 2012 January 1, 2013 through December 31, 2013 January 1, 2014 through December 31, 2014 January 1, 2015 through December 31, 2015 January 1, 2016 through December 31, 2016 January 1, 2017 through December 31, 2017 January 1, 2018 through December 31, 2018 January 1, 2019 through December 31, 2019 January 1, 2020 through December 31, 2020 January 1, 2021 through December 31, 2021 January 1, 2022 through December 31, 2022 January 1, 2023 through December 31, 2023 January 1, 2024 through December 31, 2024 January 1, 2025 through December 31, 2025 January 1, 2026 through December 31, 2026 January 1, 2027 through December 31, 2027 January 1, 2028 through December 31, 2028 January 1, 2029 through December 31, 2029 January 1, 2030 through December 31, 2030 January 1, 2031 through December 31, 2031 January 1, 2032 through December 31, 2032 January 1, 2033 through December 31, 2033 January 1, 2034 through December 31, 2034 January 1, 2035 through December 31, 2035 January 1, 2036 through December 31, 2036 January 1, 2037 through December 31, 2037 January 1, 2038 through December 31, 2038 January 2039 through December 31, 2039 January 2040 through December 31, 2040 January 2041 through December 31, 2041 January 2042 through December 31, 2042 January 1, 2043 through December 31, 2043 January 1, 2044 through December 27, 2044 Total 2203 395,541.00 400,068.00 404,595.00 409,122.00 413,649.00 418,176.00 422,703.00 427,230.00 431,757.00 436,284.00 440,811.00 445,338.00 449,865.00 454,392.00 769,873.00 778,836.00 787,799.00 796,762.00 805,725.00 814,688.00 823,651.00 832,614.00 841,577.00 850,540.00 859,503.00 868,466.00 877,429.00 886,392.00 895,355.00 904,318.00 913,281.00 922,244.00 931,207.00 940,170.00 949,133.00 958,096.00 967,059.00 976,022.00 984,985.00 $37,384,536.00 Section Three: Rent And Other Sums Payable To Lessor. Pay ment of all Rent and all other sums due to Lessor under this Amended Lease shall be made payable to the "State Of Georgia" and delivered to the Executive Director of the State Properties Commission (the State Properties Commission being hereinafter referred to as the "Commis sion") or to such other agent of Lessor as may subsequently be desi gnated in writing (in the form of legislation) by Lessor. Section Four: Late Charge. In the event Lessee shall fail or refuse to pay any monthly installment of Rent or any other sums due to Lessor under this Amended Lease within five (5) days after the due date thereof, Lessee shall pay to Lessor a late charge equal to ten percent (10%) per annum of the amount due and not paid for the period com- 2204 JOURNAL OP THE HOUSE, mencing on the due date of said Rent or other sum(s) and ending on the date payment thereof is made. Section Five: Security Deposit. Lessee further agrees to deposit with the Commission on the date of the execution of this Amended Lease by Lessor, and to thereafter maintain at all times with the Commission or such other agent of Lessor as may subsequently be designated in writ ing (in the form of legislation) by Lessor, as security for the faithful performance of the undertakings, duties and obligations of Lessee under this Amended Lease, such bonds or other security in such amounts (hereinafter referred to as "Security Deposit") as is hereinafter pro vided for in this Section Five: (A) Form Of Security Deposit. The form of the Security Deposit shall be: (1) a surety bond issued by a responsible insurance company legally licensed and authorized to transact business in the State Of Georgia and maintaining an office or agency in the City of Atlanta, Georgia; or (2) recognized valid bonds of the United States Government, the State Of Georgia or any of the bond issuing authorities, agencies or commissions of the State Of Georgia having a then aggregate par value equal to the Security Deposit re quired hereunder; or (3) such other security as may be acceptable to the Commission. (B) Amount Of Security Deposit. The amount of the Security Deposit shall be as follows: (1) on the date of the execution of this Amended Lease by Lessor and thereafter until January 1, 1979, the Security Deposit shall be equal to the annual Rent determined under Section Two hereof as of the date of the execution of this Amended Lease by Lessor; and (2) on the dates January 1, 1979; January 1, 1984; January 1, 1989; January 1, 1994; January 1, 1999; January 1, 2004; January 1, 2009; January 1, 2014; January 1, 2019; January 1, 2024; January 1, 2029; January 1, 2034; and January 1, 2039 (any of the aforesaid dates shall hereinafter be referred to as "Adjustment Date"), the Security Deposit shall be ad justed to equal the annual Rent determined under Section Two hereof as of such Adjustment Date. The Security Deposit for the period between any two Adjustment Dates shall be equal to the Security Deposit for the last preceding Adjust ment Date. No interest shall be paid by Lessor on the Security Deposit. In the event any monthly installment of Rent or any other sum(s) THURSDAY, FEBRUARY 14, 1974 2205 owed by Lessee to Lessor under this Amended Lease is (are) not paid to Lessor within thirty (30) days from the due date thereof, then, and in that event, Lessor may, upon first giving notice to Lessee and with out declaring this Amended Lease to be in default, secure the amount of the then due Rent or other sum(s) [plus ten percent (10%) late charge as provided in Section Four of this Amended Lease] from the Security Deposit. If Lessor secures the amount of the then due Rent or other sum(s) [plus ten percent (10%) late charge as provided in Section Four of this Amended Lease] from the Security Deposit, Lessee hereby agrees, upon notice from Lessor to Lessee that Lessor has taken the aforesaid action in regard to the Security Deposit, immediately to replace the amount taken from the Security Deposit by Lessor so that the amount of the Security Deposit on file with the Commission will be in the amount required of Lessee by this Section Five hereof. Section Six: Inadequacy Of Security Deposit. If at any time after the date of the execution of this Amended Lease by Lessor, Lessor shall determine that the security deposited and maintained pursuant to subparagraph (2) or subparagraph (3) of sub-section (A) of Section Five of this Amended Lease is inadequate, Lessee shall, within thirty (30) days following written notice by Lessor of such inadequacy, make good said deficiency by the deposit of other or additional bonds or such other security as the Commission may reasonably require. Section Seven: Interchanging Of Security Deposit. Lessee, in good faith and after depositing the initial Security Deposit with Lessor, shall, with the written approval of the Commission being first had and ob tained, have the right and privilege of changing and interchanging the Security Deposit from time to time. Section Eight: Interest On Security Deposit. Lessee, having fully complied with Sections Five and Six above, shall have the right to col lect and receive any and all interest that may accumulate on the Secur ity Deposit other than on any cash that may have been so deposited by Lessee. Section Nine: Return Of Security Deposit. If upon the expiration of the term of this Amended Lease, Lessee shall have well and truly performed all of the undertakings, duties and obligations required of Lessee under this Amended Lease including, but not limited to, the pay ment of the Rent and all other sums owed by Lessee to Lessor hereunder, then the Security Deposit shall be returned by Lessor to Lessee. Section Ten: Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted. Lessee may use the Property for any lawful purpose but Lessee shall not do or permit any act or thing to be done which might impair the value or usefulness of the Property or which constitutes a public or private nuisance. Lessee, act ing in its own name and behalf, shall undertake to remove and cause the discontinuance of any and all encroachments, adverse uses and occupan cies (other than the rights, privileges and interests in, to and upon the Property, or any part thereof, in parties other than Lessor by virtue of the exceptions and encumbrances enumerated in the aforesaid Exhibit "B" hereof) (hereinafter singularly and collectively referred to as 2206 JOURNAL OF THE HOUSE, "Encroachment") in, to and upon the Property, or any part thereof. Lessor will, if and when requested in writing by Lessee, join with Lessee and become a party to any proceeding, judicial or otherwise, instituted for the purpose of freeing the Property from any Encroachment. If, due to any Encroachment, Lessee cannot use and enjoy the Property or any portion thereof, this Amended Lease shall not be void or voidable by the Lessee nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom nor shall the duties and obligations of the Lessee be affected, modified or changed thereby. It is understood and agreed that when any such Encroachment shall have been removed by judicial proceedings or otherwise, the use of those portions of the Property previously subject thereto shall, for the remaining term of this Amended Lease, inure to the benefit of Lessee to the same extent as the other portions of the Property herein leased. Section Eleven: Payment Of Taxes And Assessments. It is hereby determined and declared by Lessor and Lessee that nothing contained in this Amended Lease is intended to exempt from ad valorem property taxes or subject to ad valorem property taxes the interest or estate of Lessee created by this Amended Lease; however, Lessee shalll bear and pay to the public officer charged with the collection thereof, before the same shall become delinquent, and shall indemnify, save and hold harm less Lessor from the payment of, any and all taxes, assessments, license fees, excises, imposts, fees and charges of every sort, nature and kind (hereinafter referred to singularly and collectively as "Tax"), which during the term of this Amended Lease are or might be levied, assessed, charged or imposed upon or against the Property or the interest or estate of Lessee in and to the Property. Section Twelve: Contest Of Tax. If the imposition of any Tax shall be deemed by Lessee to be improper, illegal or excessive, Lessee may, at its sole cost and expense and in its own name, dispute and con test the same and, in such event any such Tax need not be paid until adjudged to be valid; Provided, however, Lessee shall in writing first notify Lessor of such dispute and contest and shall furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of any such Tax so contested. Unless so contested, any Tax shall be paid by Lessee within the time provided by law, and if contested, any such Tax shall be paid before the issuance of an execution on a final judg ment with respect thereto. Section Thirteen: Evidence Of Payment Of Taxes And Assess ments. Lessee, within twenty (20) days after its receipt thereof, shall deliver to Lessor a copy of all current Tax bills or statements assessed against the Property. After all payments are made by Lessee pur suant to and in conformity with Section Eleven above, Lessee shall at once furnish to Lessor duplicate receipts or other satisfactory evidence of such payment. Section Fourteen: Payment Of Utilities And Services By Lessee. Lessee is to be responsible tor and shall pay for all utility, water, sanita tion, gas, heat, light, power, steam and telephone services (and for all other services of whatever type, kind or nature) supplied to the Property. THURSDAY, FEBRUARY 14, 1974 2207 Section Fifteen: Payments For Lessee By Lessor. If Lessee fails to procure the insurance required to be procured by Lessee under this Amended Lease, or fails to pay any premium of insurance, Tax, or any other sum in this Amended Lease required to be paid by Lessee (other than Rent), Lessor may, at Lessor's option, elect to follow one of the options provided in Section Forty-Eight of this Amended Lease or may, without declaring a default of this Amended Lease by Lessee, procure on behalf of Lessee any such insurance, and pay on behalf of Lessee any such payment or payments as may be necessary. Any sum(s) so paid or expended by Lessor on behalf of Lessee shall immediately [upon written notice by Lessor to Lessee that Lessor has paid or ex pended said sum(s) and a demand by Lessor for reimbursement of Lessor by Lessee for such sum(s)] be reimbursed and paid by Lessee to Lessor. Section Sixteen: Interest On Unpaid Amounts. Any sums which are payable by Lessee to Lessor under this Amended Lease (including any Rent) and which are not paid to Lessor when due shall bear interest at the rate of ten percent (10%) per annum from the due date thereof through the date payment of the same is made. If it becomes necessary for Lessor to bring suit for collection of any sum(s) herein stipulated to be paid by Lessee, Lessee agrees to pay any and all such expenses and costs as Lessor may incur, including, but not limited to, reasonable attorney's fees. Section Seventeen: Compliance By Lessee With Laws And Ordi nances. At all times during the term of this Amended Lease, Lessee shall conform to, obey and comply with all present and future laws and ordinances and all lawful requirements, rules, and regulations of all legally constituted authorities existing at the commencement of the term of this Amended Lease or at any time during the continuance of the term hereof which in any way affect the Property or the use of the Property or any repair, replacement, demolition, renovation, construction, restora tion or excavation being done on or to the Property, or in any way affecting this Amended Lease. Lessee, in its own name and at its sole cost and expense, shall have the right to contest the validity of any law, ordinance, rule, regulation or requirement contemplated under this Section Seventeen; provided, however, that Lessee pursues such contest in good faith and Lessee first gives Lessor written notice of such contest and furnishes to Lessor, if a monetary amount is involved and if re quested in writing by Lessor, reasonable security for the payment of said monetary amount. Section Eighteen: Acceptance Of Property By Lessee. Lessor makes no covenant of quiet enjoyment, representation or warranty as to the title to or the condition of the Property. Lessee hereby acknowl edges that it has fully inspected the Property and that the same is in satisfactory condition for the use intended to be made of the same by Lessee. Lessee further acknowledges that no covenant of quiet enjoy ment, representation or warranty as to the title to or the condition of the Property has been made to it by Lessor, the Commission, or any agent, employee, representative or attorney of either Lessor or the Commission. Lessor shall not be required, during the term of this Amended Lease, to make any repair or alteration to the Property or in any manner to supply any services, utilities or maintenance to or for the Property. 2208 JOURNAL OF THE HOUSE, Section Nineteen: Merger Of Improvements By Lessee. Lessor con sents to the construction of buildings and improvements (hereinafter referred to in this Amended Lease as "Special Improvement" or "Special Improvements" as the context requires) over and across the boundary lines of the Property, both vertical and horizontal, onto other contiguous lands (such other contiguous lands on which any such Special Improve ment is constructed being hereinafter referred to as "Adjoining Prop erty") which are owned by Lessee or which are leased or subleased by Lessee for a term of years not to expire prior to the expiration date of the term of years of this Amended Lease. Lessor agrees and does hereby grant to the owner of the Adjoining Property and any party claiming by, through or under said owner, a non-exclusive easement to use (in common with Lessor hereunder and anyone claiming by, through or under Lessor) any such Special Improvement. Such non-exclusive easement herein granted shall (i) be for the use of all common areas and facilities located within any such Special Improvement and on the Property which shall reasonably be necessary or appropriate for the continued utilization of that portion of any such Special Improvement located on the Adjoining Property, including, but not limited to, aisles, hallways, elevators, restroom facilities, sidewalks, stairways and serv ice areas; (ii) not vest into a present right of use until the expiration or termination of this Amended Lease; and (iii) expire automatically upon (a) the removal or demolition of any such Special Improvement [provided, however, that any such Special Improvement shall be re moved or demolished only by the mutual agreement of the owners (which terms "owners" or "owner" as used in this Section Nineteen shall include all parties having an ownership or security interest in that portion of the Property and the Adjoining Property upon which the Special Im provement is located) of that portion of the Property and the Adjoining Property upon which the Special Improvement is located]; or (b) December 27, 2054, whichever shall first occur. For the purposes of this Section Nineteen, the owners of that portion of the Property and the Adjoining Property upon which any such Special Improvement is located shall be deemed to have mutually agreed to remove or demolish any such Special Improvement, if, through the passage of time or other wise, the structural soundness thereof deteriorates such that any such Special Improvement, including that portion of any such Special Im provement located on the Property, becomes untenantable and its con tinued existence constitutes a nuisance and a hazard to the public health and safety. Such non-exclusive easements shall be subject to the rights, if any, of any persons or entities which were vested prior to the com mencement of the rights of the respective lessees under the various leases which are amended by this Amended Lease. Prior to commence ment of any construction of any such Special Improvement, Lessee agrees to furnish Lessor a non-exclusive easement in recordable form and containing covenants running with the land executed by the owner of the Adjoining Property which grants to Lessor a non-exclusive easement as an encumbrance upon the Adjoining Property for the same purposes and uses and subject to substantially the same terms and con ditions as are contemplated under items (i), (ii) and (iii) of this Section Nineteen. The Commission shall, without any further action or authorization by the Georgia General Assembly being necessary, execute on behalf of Lessor any and all additional documents in recordable form as shall reasonably be requested by Lessee to ratify and to add specificity to the non-exclusive easements herein granted. Each such request for a non-exclusive easement shall be accompanied by a statement setting THURSDAY, FEBRUARY 14, 1974 2209 forth the specific details of the location (which shall include, but not be limited to, a current, accurate, properly labeled and recordable plat of boundary line survey depicting to the extent possible thereon the proposed non-exclusive easement area; said plat of boundary line survey shall be prepared at the expense of Lessee by a Georgia registered and licensed land surveyor or professional engineer), use and nature of such non-exclusive easement. From and after the expiration of the non exclusive easements hereinabove set forth, Lessor shall have the exclu sive right and option to sever and demolish that portion of any such Special Improvement located on the Property and to operate, occupy and maintain such portion of any such Special Improvement independent of any portion of any such Special Improvement located on the Adjoin ing Property. Section Twenty: Protection Of Adjacent Property During Con struction -- Construction Insurance. While any construction (which term as used throughout this Amended Lease shall also include any alteration, renovation, demolition, reconstruction, repair, maintenance, restoration or replacement) is being done on or to the Property, Lessee shall protect all adjacent property. In connection with such protection, Lessee agrees that it will obtain, or require the general or prime con tractor retained to perform such construction to obtain, or in the event there is no general or prime contractor retained to perform such con struction then require the person(s) or entity(ies) performing such construction to obtain, and keep in force at all times during the per formance af such construction insurance coverage of the following amounts under a policy or policies of Public Liability and Property Damage Liability Insurance covering the operations of such construc tion. Such policy or policies of insurance shall have limits of not less than $1,000,000.00 for all damages arising out of bodily injuries to or the death of one person in any one occurrence, and, subject to the aforesaid limit for each person, a total of $5,000,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits of not less than $1,000,000.00 for all damages arising out of damage to or destruction of property in any one occur rence. Each and every such insurance policy shall contain a standard loss payable clause in favor of Lessor and Lessee as their interests may appear. When any construction is being done over or adjacent to the rightof-way of the Western & Atlantic Railroad that would create a possible hazard to railroad operations and property, the Lessee shall furnish or cause its prime contractor or the persons or entities performing such construction to furnish to the Louisville And Nashville Railroad Com pany, lessee of the Western & Atlantic Railroad, a standard policy of railroad protective liability insurance in the form approved by the Association of American Railroads, the National Association of State Highway Officials, and the Mutual Insurance Rating Bureau, said policy to name the Louisville And Nashville Railroad Company as the insured. Lessee shall keep in force at all times during such construction a policy or policies of insurance with limits of not less than $500,000.00 for all damages arising out of bodily injuries to or death of one person in any one occurrence, and, subject to the aforesaid limit for each person, a total of $2,500,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits 2210 JOURNAL OF THE HOUSE, of not less than $1,000,000.00 for all damages arising out of damage to or destruction of property in any one occurrence. In addition, the Lessee or its prime contractor or such other persons or entities performing such construction will reimburse the Louisville And Nashville Railroad Company for any expense in furnishing flagmen and watchmen reason ably required to protect railroad property and operations during the construction period. Section Twenty-One: Insurance Policy Limits Applicable For Year 1974. The insurance policy limits provided for in Section Twenty above shall be applicable during the year 1974. If at the time of the commence ment of any such construction (as this term is used in Section Twenty above) the value of the dollar has declined appreciably below its pur chasing power as of January 1, 1974, the limits of all insurance called for in Section Twenty above shall be increased in approximate propor tion to the decline in dollar value. Section Twenty-Two: Construction Approvals By Lessor. Prior to commencing the construction of any improvements [which term "improvements" or "improvement" as used throughout this Amended Lease shall include, but not be limited to, Special Improvement (s) ] on the Property, Lessee shall deliver to the Commission, for its approval, an architect's rendering, showing in perspective all elevations of the proposed improvements and, if available, a reduced scale model of the proposed improvements (hereinafter referred to as "Preliminary Plans"). Thereafter, or simultaneously with the submission to the Commission of the Preliminary Plans but in any event prior to com mencing the construction of any improvements on the Property, Les see shall deliver to the Commission, for its approval, architect's struc tural drawings and specifications for any improvements or portions thereof which are to be constructed beneath the horizontal elevation plane which forms the lower boundary line of the Property herein demised (herein referred to as "Structural Plans") showing all supports, ventilating, lighting, and drainage systems onto or affecting the Les sor's underlying property. The aforesaid supports and systems shall at all times permit railroad operations on and within the Western & Atlantic Railroad right-of-way to be conducted in a safe, convenient, expeditious, economical and healthful manner, and said Structural Plans shall include provisions for train signaling devices for operation of railroad engines and cars adequate to provide that the use of said rightof-way for railroad purposes shall not be obstructed, interfered with or endangered as a result of the construction to be performed in accor dance with the said Structural Plans. The right of approval of the Com mission with respect to the Structural Plans shall include, but not be limited to, the right to approve the strength, durability and method of construction, as well as the location and design, of the proposed improve ments or any part thereof in order that the use of other property of Lessor by other tenants or lessees of Lessor shall not be obstructed, hindered, impaired, interfered with, endangered or damaged. Lessee agrees to furnish such detailed plans of other portions of any said im provements as may be requested by the Commission. Lessee, after sub mitting to the Commission the Preliminary Plans and the Structural Plans and after having both of the same approved in writing by the Commission, may without the consent or approval of the Commission, order, authorize or perform any change, substitute work or materials THURSDAY, FEBRUARY 14, 1974 2211 in prosecuting the construction of the improvements ("Change Order") provided that any such Change Order does not result in a "substantial change in the Preliminary Plans" or any change whatsoever in the Structural Plans approved by the Commission in accordance with this Section Twenty-Two. For the purpose of this Amended Lease, a "sub stantial change in the Preliminary Plans" shall be a change or substitu tion of materials which results (i) in a decrease in the cost of construc tion of the improvements in excess of $250,000.00 or (ii) in a change of the ultimate concept or the use for which the improvements are designed in accordance with the Preliminary Plans approved by the Commission. Any Change Order involving the Structural Plans and any Change Order which results in a "substantial change in the Pre liminary Plans" shall be made only with the written approval of the Commission, which approval shall not be unreasonably withheld. After the Commission's approval of the Preliminary Plans and the Structural Plans has been obtained, Lessee shall, prior to commencing construction of any improvements on the Property: (A) deliver to the Commission a payment bond, having a good and solvent corporate surety acceptable to the Commission, guarantee ing to Lessor as a beneficiary thereof (a) payment of all labor and materials incorporated in such work, (b) payment of all fees and other costs and expenses incurred in connection with such work; or such other assurance satisfactory and acceptable to the Com mission for the due payment of the full cost of all such work; and (B) deliver to the Commission such other assurances as are satisfactory and acceptable to the Commission guaranteeing the completion of all such work. Lessee shall submit the Preliminary Plans and the Structural Plans to the Executive Director of the Commission. The Commission shall give Lessee written notice of its approval or disapproval of the Preliminary Plans and the Structural Plans. The Commission's approval of the Preliminary Plans and Structural Plans shall not be unreasonably withheld; and if withheld, such withholding explained in writing. If after the construction of the proposed improvements, Lessor shall reasonably determine that the aforesaid referenced ventilating, lighting or drainage devices or systems shall not be sufficient, or that notwith standing the construction of such ventilation, lighting or drainage devices or systems, smoke, gas and/or water are concentrated or per mitted to escape in such a manner or in such quantities as to injure or damage adjoining property, property of Lessor, or property of a tenant or lessee of Lessor, or in such manner as to render Lessor liable in damages to any person or corporation on account thereof, or to prohibit the use and operation of the Western & Atlantic Railroad by Lessor or its lessee in a safe, convenient, expeditious, economical and healthful manner, Lessee will promptly provide and construct totally at its own cost and expense any additional ventilating, lighting or drainage devices or systems which the Commission may reasonably conclude to be neces sary for such purposes, notwithstanding the previous approval by the Commission of the Preliminary Plans and Structural Plans. The Com mission shall give written notice to Lessee of the requirement for any such additional ventilating, lighting or drainage devices or systems. 2212 JOURNAL OP THE HOUSE, Section Twenty-Three: Substantial Completion Of Improvements. As soon as practicable (however, in no event to exceed six calendar months) after the substantial completion of the improvements, Lessee will furnish to the Commission, at Lessee's own cost and expense, (A) one complete set of final "as-built" plans and specifications of the com pleted improvements, (B) a current, accurate, properly labeled, and certified (by the hereafter stated surveyor or engineer) plat of survey prepared by a Georgia registered land surveyor or professional engineer depicting to scale the exact location of the completed improvements, and any other physical objects, as the same have been constructed and (C) a full and complete appraisal (discussing the known and accepted approaches to value) of the then current fair market value of the com pleted improvements prepared for Lessor by an appraiser, who shall be a member in good standing of the American Institute of Real Estate Appraisers, or its successor. The term "substantial completion" as used in this Amended Lease shall be deemed to mean such completion as will make the improvements sufficient, suitable and ready for im mediate occupancy and for the use intended. Section Twenty-Four: Construction According To Approved Plans. Lessee shall complete the construction of the proposed improvements substantially in accordance with the Preliminary Plans and in strict accordance with the Structural Plans approved by the Commission. The Commission, acting for and on behalf of Lessor, and without any further action or authorization by the Georgia General Assembly being necessary, shall execute such non-exclusive easements as shall be reason ably necessary to Lessee, either as to the Property or as to any underly ing or adjacent properties of Lessor, in order to make available to the Property or any portion thereof water, sewer, gas and electrical services and to provide to the Property or any portion thereof ground level accessibility for vehicular or pedestrian purposes; Provided, however, that any such non-exclusive easements shall be subject to (i) the rights, if any, of the Louisville And Nashville Railroad Company ("L&N") (and any party claiming by, through or under L&N) under the terms of that certain Lease entered into by and between the State Of Georgia, acting through the State Properties Control Commission and under and by virtue of the authority granted by Resolution Act No. 101 passed by the 1968 Regular Session of the Georgia General Assembly and ap proved by the Governor of the State Of Georgia on March 4, 1968 (Ga. Laws 1968, pp. 54-112), (hereinafter referred to as the "March 4, 1968 Lease"), as lessor, and L&N, as lessee, (ii) the rights, if any, of Allright, and any party claiming by, through or under Allright, under the terms of the 1972 Allright Lease, and (iii) the rights, if any, of any person or entity set forth in Item 7 of Exhibit "B" of this Amended Lease; Provided further, that as to such non-exclusive easements for ground level access, Lessee shall first obtain and submit to Lessor the written approval of the parties listed in (i) above in the event that said non exclusive easements affect the right-of-way (or the use thereof) of the Western & Atlantic Railroad as said right-of-way is located on the date of the execution of this Amended Lease by Lessor, or as the said right-of-way may be relocated pursuant to, under and by virtue of the terms and conditions of the said March 4, 1968, Lease (as the said March 4, 1968, Lease exists as of the date of the execution of this Amended Lease by Lessor), and the written approval of the parties listed in (ii) above and the written approval of the known parties listed in (iii) above to the extent that said non-exclusive easements affect the THURSDAY, FEBRUARY 14, 1974 2213 interests of said parties, and that said non-exclusive easements for ground level access shall not result in any cost, expense or loss to or by Lessor; said non-exclusive easements, or any interest therein, shall be freely assignable, without the consent or approval of Lessor, to any person or entity whomsoever holding an interest in the Property, or any portion or portions thereof. All such non-exclusive easements shall terminate no later than December 27, 2044. Section Twenty-Five: Payment Of Bills For Construction. Lessee covenants and agrees to pay, currently as they become due and payable, all bills for labor, materials, insurance, and bonds, and all fees of architects, engineers, contractors, and subcontractors and all other costs and expenses incident to any construction in or on the Property; pro vided, however, that Lessee may, in good faith, at its sole cost and expense and in its own name, dispute and contest any such bill, fee, cost or expense, and in such event, any such item need not be paid until adjudged to be valid; provided, however, Lessee shall first notify Lessor in writing of such dispute and contest and shall furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of any such item so contested. Unless so contested by Lessee, all such items shall be paid by Lessee within the time provided by law, and if contested, any such item shall be paid before the issuance of an execution on a final judgment with respect thereto. Section Twenty-Six: All Liens And Rights Are Subordinate To Lessor. Lessee's rights, as well as the rights of anyone else, including, but not limited to, any mortgagee, architect, engineer, contractor, assignee, sublessee, subcontractor, independent contractor, prime or general contractor, mechanic, laborer, materialman or other lien or claim holder, shall always be and remain subordinate, inferior, and junior to Lessor's reversionary title, interest and estate in the Property. Section Twenty-Seven: Completion Of Construction By Lessor. Lessee covenants and agrees that in the event Lessee abandons or fails to complete the construction of improvements undertaken by Lessee upon the Property in accordance with all the requirements of this Amended Lease, Lessor may, at its option (but without any obligation so to do and without prejudice to any other rights Lessor may have under this Amended Lease) complete the construction of the improve ments undertaken by Lessee at the cost and expense of Lessee and, as nearly as practicable and proper, according to the Preliminary Plans and Structural Plans previously approved by the Commission. Lessee shall, at the time of submission of the Structural Plans to the Commis sion for approval, present to the Commission, in form and content acceptable to the Commission, a written agreement of the architect, who created the Preliminary Plans and the Structural Plans for the Lessee, to furnish to Lessor and to permit Lessor to use the Preliminary Plans and the Structural Plans, without charge to Lessor, in the event Lessor elects to complete the construction of the improvements under taken by Lessee or any part or parts thereof. Section Twenty-Eight: Title To The Improvements. The title to all improvements now or hereafter located on the property more partic ularly described in Exhibit "A" hereof shall be vested in Lessee until either the termination or expiration of this Amended Lease or until 2214 JOURNAL OP THE HOUSE, such time as Lessee vacates or abandons the Property or is dispossessed by process of law at which time all title to and ownership of said im provements shall automatically and immediately vest (without the necessity of any further action being taken by Lessee or Lessor or any instrument being executed and delivered by Lessee to Lessor) in Lessor. Section Twenty-Nine: Abandonment Of The Property By Lessee. Lessee agrees to occupy the Property, directly or indirectly, and not vacate or abandon the same at any time during the term of this Amended Lease. If Lessee vacates or abandons the Property, or is dispossessed by process of law, any personal property or trade fixtures belonging to Lessee and left on the Property shall, at the option of the Lessor, be deemed to be abandoned by the Lessee and henceforth the title to (and the ownership of) said personal property or trade fixtures shall im mediately vest (without the necessity of any further action being taken by Lessee or Lessor or any instrument being executed and delivered by Lessee to Lessor) in Lessor as of the date of said vacating, abandonment or dispossession. Section Thirty: Subleasing. (A) Right To Enter Into Subleases. Nothing contained in this Section Thirty shall be construed to relieve Lessee of any of its obliga tions under this Amended Lease, including the payment of Rent. Lessee shall have the right to sublease all or any portion of the Property with out the consent or approval of Lessor, for a term of years not to extend beyond December 27, 2043. (B) Recognition By Lessor Of Subleases. Lessee shall have the right at any time and from time to time to submit to the Executive Director of the Commission for recognition by Lessor any bona fide sublease entered into by Lessee pursuant to the provisions of sub section (A) of this Section Thirty, and such recognition shall auto matically become effective unless the Commission gives written notice of its disapproval thereof to Lessee together with a copy of such written notice to the sublessee at his address as disclosed by the sublease. Lessor agrees that it will not unreasonably withhold the recognition of any such sublease. In the event the portion of the Property as to which any such submission for recognition is made is also a portion of the Property as to which there exists any Leasehold Mortgagee, submission shall be accompanied by evidence of the written consent thereto by any such Leasehold Mortgagee. Unless the Commission disapproves any such submission for recognition the provisions of this sub-section (B) of this Section Thirty shall be self-operating and shall not require any further action on the part of Lessor; provided, however, that the Executive Director of the Commission shall, upon request by Lessee, promptly execute, acknowledge and deliver such agreements evidencing and agreeing to the recognition of any such subleases as Lessee shall reasonably require. Any sublease which is recognized by Lessor pur suant to the provisions of this sub-section (B) of this Section Thirty shall be hereinafter sometimes referred to as a "Recognized Sublease," and the sublessee thereunder shall be hereinafter sometimes referred to as a "Recognized Sublessee." (C) Rights Of Recognized Sublessee. If this Amended Lease is THURSDAY, FEBRUARY 14, 1974 2215 terminated prior to the expiration of the term as provided for herein, whether or not Lessor enters into a Mortgagee Lease (as hereinafter defined) with any Leasehold Mortgagee as provided for in sub-section (iG) of Section Forty-Seven hereof, Lessor agrees that any such preriiature termination of this Amended Lease shall not result in the termination of any Recognized Sublease. Each Recognized Sublease shall continue for the duration of its term as a direct lease between Lessor and each such Recognized Sublessee, with the same force and effect as if Lessor had originally entered into the Recognized Sublease as the lessor thereunder. (D) Limitation Upon Rights Of Recognized Sublessee. Any other provisions of this Amended Lease or of any Recognized Sublease to the contrary notwithstanding, in no event shall Lessor have any greater obligations to any Recognized Sublessee than Lessor has to Lessee under this Amended Lease, and in no event shall any Recognized Sub lessee have any greater rights as against Lessor than Lessee has as against Lessor under this Amended Lease. Section Thirty-One: Assignment Of Lease With Lessor's Consent. Except as otherwise provided in this Amended Lease, Lessee, and its successors and assigns, shall not have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant thereto unless the written consent of Lessor is first had and obtained, which consent shall not be unreasonably withheld. Any assignment or transfer without such written consent shall be void. Any other provisions of this Amended Lease to the contrary notwithstanding, Lessee shall, without the consent of Lessor, have the right to make any assignment or transfer of this Amended Lease or any interest therein or any right or privilege appurtenant thereto which Lessee desires to make or grant to a Leasehold Mortgagee pursuant to Section FortySeven of this Amended Lease. Any other provisions of this Amended Lease to the contrary notwithstanding, in no event shall the assignment of General Partners' or Limited Partners' interests in Lessee or the creation and issuance by Lessee of additional limited partnership inter ests constitute an assignment of Lessee's interest under this Amended Lease, but in the event of any such assignment of General Partners' or Limited Partners' interests in Lessee or the creation and issuance of additional limited partnership interests (except for readjustment of percentage interests among the existing partners), Lessee shall first obtain the prior written consent of the Commission thereto, which consent shall not be unreasonably withheld. Section Thirty-Two: Maintenance Of Property. Lessee shall, at all times during the term of this Amended Lease, totally at Lessee's own cost and expense, keep and maintain the Property, and appurtenances and every part thereof, and any and all buildings, other structures or improvements that may exist on, in, or be made a part of the Property, in good and sanitary order, condition and repair. Lessee's obligation to repair shall include the obligation to maintain, service and replace. Section Thirty-Three: Work Required By Government Regulation. In the event that, at any time during the term of this Amended Lease, any alteration, demolition, renovation, repair, replacement or main tenance of any building, other structure or improvement in or on the Property or any other work of any nature whatsoever shall be required 2216 JOURNAL OF THE HOUSE, or ordered, or becomes necessary on account of any law, ordinance or governmental regulation now in effect or hereafter adopted, Lessee shall be solely liable for the entire cost and expense thereof, regardless of when the same shall be incurred or become due, and in no event shall Lessor be required to contribute thereto, participate therein, or do or pay for any work performed, materials furnished, or obligations in curred by Lessee. Lessee shall have the right to contest the validity of any such law, ordinance or regulation. Section Thirty-Four: Indemnification Of Lessor By Lessee. Lessee, as a material part of the consideration to be rendered to Lessor in this Amended Lease, agrees to be responsible for, to indemnify Lessor against, and to save and hold Lessor harmless from, any and all liability, damages, claims or demands for any injury or death of any person(s) or damages to any property (ies) if such injury, death or damage to property arises from or in any manner grows out of, any act or neglect on or about the Property by Lessee or Lessee's sublessees, subtenants, assignees, licensees, partners, agents, employees, invitees, trespassers, contractors and subcontractors, or their partners, representatives, agents or employees, or which arises from or in any manner grows out of, any defect in any undertaking hereunder by Lessee or any failure of Lessee to comply with the provisions of this Amended Lease. Section Thirty-Five: Addition, Subtraction, Renovation, Demoli tion Or Construction Anew Of The Improvements. If Lessee is not in default in the performance of any of the provisions of this Amended Lease, Lessee shall have the right at any time and from time to time to add to, subtract from or renovate the Existing Improvements or to demolish the Existing Improvements or to demolish any improvements constructed on the Property by Lessee and to construct new improve ments on the Property of at least the same fair market value. Section Thirty-Six: Return Of The Property To Lessor. Lessee agrees, at the termination of this Amended Lease, to surrender unto Lessor, all and singular the Property with the then existing buildings, other structures and improvements constructed and located thereon and therein, in the same condition as when such buildings, other struc tures, and improvements were constructed, only natural wear and tear excepted, unless Lessee shall be relieved of Lessee's obligation to repair, reconstruct, restore or replace damaged or destroyed buildings, other structures or improvements pursuant to Section Thirty-Nine of this Amended Lease. Section Thirty-Seven: Casualty And Hazard Insurance. (A) Casualty And Hazard Insurance On Improvements. At all times during the term of this Amended Lease, including the period of any construction in or on the Property, Lessee shall have all buildings, other structures and improvements insured against any loss or damage caused by fire, lightning, windstorm, hurricane, tornado, cyclone, hail, explosion, riot, civil commotion, aircraft, smoke, land vehicles, boiler explosion, and any other risks customarily included under extended coverage insurance policies, with responsibile insurance companies, legally licensed and authorized to transact business in the State Of THURSDAY, FEBRUARY 14, 1974 2217 Georgia and maintaining an office or agency in the City of Atlanta, Georgia, said insurance to be in the amount of the full insurable replace ment value [One Hundred percent (100%)] of said buildings, other structures and improvements. Each insurance policy shall, if the same is obtainable, contain a clause expressly waiving any right of the in surer of subrogation against Lessor. Each insurance policy shall provide that the same shall not be invalidated or cancellable until atter thirty (30) days written notice has been given to Lessor. (B) Loss Payable Clauses. The contracts of insurance required by sub-section (A) of this Section Thirty-Seven shall contain standard loss payable clauses in favor of Lessor and Lessee as their respective interests may appear. The contracts of insurance may be endorsed to name in the standard loss payable clause any Leasehold Mortgagee as such Leasehold Mortgagee's interest may appear, provided that: (1) the Leasehold Mortgagee complies with the terms and conditions to be performed by Leasehold Mortgagee as contained in Section Forty-Seven of this Amended Lease; and (2) the Leasehold Mortgagee gives in writing to Lessor assurance that the proceeds of such insurance shall be utilized first for the repair, reconstruction, restoration, or replacement of such buildings, other structures or improvements. Section Thirty-Eight: No Invalidation Of Insurance By Lessee. Lessee agrees and covenants that it will not do or permit to be done in, to, or about the Property any act or thing which will invalidate any insurance pertaining to any buildings, other structures or improvements now located thereon or therein or hereafter constructed and located thereon or therein; and, further, that Lessee will not permit any build ings, other structures or improvements at any time to be put, kept or maintained on the Property in such condition that the same cannot be insured in the amount of the full insurable replacement value [One Hundred percent (100%)] thereof. Section Thirty-Nine: Repair Of Damaged Improvements. Should any building, other structures or improvements constructed and located by Lessee on or within the Property be damaged or destroyed by fire or any other casualty whatsoever during the term of this Amended Lease, Lessee, except as hereinafter provided in this Section Thirty-Nine shall, within a reasonable time, commence the work of repair, recon struction, restoration, or replacement and shall prosecute the same with all reasonable dispatch, so that within four (4) years from the date of such damage or destruction, or by the end of the term of this Amended Lease, whichever is earlier, such buildings, other structures or improve ments shall have been repaired, reconstructed or restored to the extent that they have at least the same fair market value as they had before the damage or destruction or shall have been replaced by new buildings, other structures or improvements having at least the same fair market value as the damaged or destroyed buildings, other structures or im provements had before said damage or destruction. Lessor and Lessee specifically agree that, except as otherwise provided in this Amended Lease, damage to or destruction of any buildings, other structures or improvements on or within the Property at any time during the term 2218 JOURNAL OF THE HOUSE, of this Amended Lease, by fire or any other casualty whatsoever, shall not work a termination of this Amended Lease or authorize Lessee or those claiming by, through or under Lessee to quit or surrender posses sion of the Property or any part thereof, and shall not release Lessee in any way from its liability to pay Lessor the Rent herein provided for, or from any of the provisions of this Amended Lease. However, if any buildings, other structures or improvements constructed and located by Lessee on or within the Property shall be damaged or destroyed at any time within the last ten (10) years of the term of this Amended Lease, Lessee shall be relieved of any obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other struc tures or improvements upon payment by Lessee to Lessor, in a single total payment, of the sum of (i) the full insurable replacement value [One Hundred Percent (100%)] of said damaged or destroyed buildings, other structures or improvements; plus (ii) the total amount of Rent for the remainder of the unexpired term of this Amended Lease. The release of Lessee from Lessee's obligation to repair, reconstruct, re store, or replace the said damaged or destroyed buildings, other struc tures or improvements shall be conditioned, in addition to the payment by Lessee of the sums herein enumerated, upon the clearing by Lessee (totally at Lessee's own cost and expense and without any cost to Les sor) of the Property of any debris or remains of the said damaged or destroyed buildings, other structures or improvements and upon delivery by Lessee to Lessor of an instrument releasing, demising, conveying and transferring to Lessor all of Lessee's rights, title and interest in and to the Property. Section Forty: Damages For Failure To Comply With Repair Obligation. If the repair, reconstruction, restoration or replacement of damaged or destroyed buildings, other structures or improvements is not substantially completed within four (4) years from the date of such damage or destruction (if such completion date is prior to the end of the term of this Amended Lease and if Lessee is under the affirmative requirement of Section Thirty-Nine of this Amended Lease to commence the repair, reconstruction, restoration, or replacement), Lessee hereby agrees to pay to Lessor monthly thereafter, as fixed and liquidated damages and not as a penalty, an amount per day equal to the quotient derived by dividing the then current annual Rent by the number 365 until the said repair, reconstruction, restoration or replacement is sub stantially complete or until the end of the term of this Amended Lease, whichever is earlier. Section Forty-One: Workman's Compensation Insurance. At all times prior to the termination of this Amended Lease during any con struction in or on the Property, Lessee agrees, at its own cost and ex pense, to obtain and maintain workman's compensation insurance in an amount necessary to protect Lessor and Lessee from all liabilities, damages, claims or demands arising out of any accident or occurrence related to such construction causing injury or death to any person. Section Forty-Two: Use Of Proceeds Of Insurance. The proceeds of all insurance obtained in accordance with Section Thirty-Seven of this Amended Lease shall be used for the repair, reconstruction, restora tion, or replacement of buildings, other structures or improvements located on or within the Property unless Lessee shall be relieved of THURSDAY, FEBRUARY 14, 1974 2219 Lessee's obligation to so repair, reconstruct, restore, or replace such damaged or destroyed buildings, other structures or improvements pur suant to Section Thirty-Nine of this Amended Lease. The proceeds of such insurance, if not required to be used for the repair, reconstruction, restoration or replacement of the Property, shall, unless Lessee is in default hereunder, be paid over or assigned to the Lessee or as the Lessee may direct. All sums necessary to effect such repair, reconstruction, restoration or replacement over and above the amount available from said insurance proceeds shall be at the sole cost and expense of Lessee. Section Forty-Three: Termination Prior To Completion Of Repair. In the event of the termination of this Amended Lease before the expenditure of the full amount of such insurance proceeds in the repair, reconstruction, restoration or replacement of such damaged or destroyed buildings, other structures or improvements, any unexpended balance thereof, including any interest previously earned by such balance, shall inure to and become the sole property of the Lessor. Section Forty-Four: Public Liability Insurance. Lessee agrees, at its own cost and expense, to obtain and maintain public liability insur ance at all times during the term of this Amended Lease with responsible insurance companies, legally licensed and authorized to transact busi ness in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, with such reasonable coverage limits as may be determined by Lessor but with such coverage limits at all times to be not less than $1,000,000.00 for all damages arising out of bodily injuries to or the death of one person in any one occurrence, and, subject to the aforesaid limit for each person, a total of $5,000,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits of not less than $1,000,000.00 for all damages arising out of damage to or destruction of property in any one occurrence. The said public liability insurance shall insure. Lessor and Lessee against any liability, damage, claim or demand in any way arising out of or in connection with the condition or use of the Property. Section Forty-Five: Delivery Of Insurance Policies. Insurance policies, and all endorsements thereto, including all insurance required to be carried by Lessee in accordance with this Amended Lease, or, at the option of Lessee, certificates showing that such insurance is in force and non-cancellable without at least thirty (30) days' prior written notice to Lessor, shall be delivered to Lessor by Lessee. Section Forty-Six: Evidence Of Payment Of Premiums. Lessee shall at once furnish to the Commission duplicate receipts or satisfactory evidence of the payment of all premiums on any and all insurance re quired to be carried by Lessee in accordance with this Amended Lease. Section Forty-Seven: Mortgaging Of The Leasehold. Lessee, and every successor and assign of Lessee (and any Recognized Sublessee and every successor and assign of a Recognized Sublessee, pursuant to sub-section (B) of Section Thirty above) shall have the right in addition to any other rights granted in this Amended Lease to encumber its interest in this Amended Lease (or in any Recognized Sublease) with out Lessor's consent, under any one or more Leasehold Mortgages (as 2220 JOURNAL OF THE HOUSE, hereinafter defined), upon the condition that all rights acquired under the Leasehold Mortgage or Mortgages shall be subject to each of the provisions set forth in this Amended Lease and to all rights and interest of the Lessor therein. If, from time to time, Lessee or Lessee's successors and assigns (or Recognized Sublessees or their successors and assigns) shall encumber this Amended Lease (or any Recognized Sublease) with a Leasehold Mortgage, and if the Leasehold Mortgagee (as hereinafter defined) registers with Lessor by delivering to Lessor a copy of such recorded Leasehold Mortgage certified by the Clerk or any Deputy Clerk of the Superior Court of Fulton County, Georgia, together with written notice specifying the name and address of the Leasehold Mort gagee, the pertinent recording data with respect to the Leasehold Mort gage and the term (duration) of the Leasehold Mortgage, Lessor agrees that from and after the date of receipt by Lessor of such notice and for the term (duration) of such Leasehold Mortgage, the following pro visions shall apply: (A) Form Of Security Instrument. The term "Leasehold Mortgage", as used in this Amended Lease shall mean and refer to any en cumbrance of this Amended Lease (or any Recognized Sublease) as security for any indebtedness Lessee or Lessee's successors and assigns or any Recognized Sublessee and its successors and assigns, may incur, whether by deed to secure debt, mortgage, deed of trust, or other security instrument. The term "Leasehold Mortgagee" shall mean and refer to holder of the indebtedness secured by any Leasehold Mortgage. (B) Consent To Amendment. There shall be no cancellation, surrender or modification of this Amended Lease by Lessor and/or Lessee without the prior written consent of any Leasehold Mortgagee. Nothing herein shall be deemed to prohibit Lessor from terminat ing this Amended Lease for default of Lessee as provided in this Amended Lease. (C) Notices To Leasehold Mortgagees. Lessor, upon serving Lessee with any notice of default, shall simultaneously serve a copy of such notice on any Leasehold Mortgagee. The Leasehold Mortgagee shall then have the same period after service of the notice on it to remedy or cause to be remedied the default complained of and Lessor shall accept performance by or at the instigation of any Lease hold Mortgagee as if it has been done by Lessee. Any notice required to be given to any Leasehold Mortgagee shall be posted in the United States mail, postage prepaid, certified (and wired by telegraphic means) and addressed to the Leasehold Mortgagee at the address and to the attention of the person designated to Lessor by such Leasehold Mortgagee to receive copies of such notices and shall be deemed to have been served as of the date the said notice is postmarked by the United States Postal Service or its successor. (D) Curative Rights Of Leasehold Mortgagees. In addition to the rights granted to any Leasehold Mortgagee under subsection (C) of this Section Forty-Seven, a Leasehold Mortgagee shall have an addi tional period of thirty (30) days to remedy or cause to be remedied any default complained of, provided such Leasehold Mortgagee THURSDAY, FEBRUARY 14, 1974 2221 shall reimburse Lessor, at the time of so remedying the default, for all costs and expenses to Lessor of maintaining, protecting, insuring and operating the Property during the additional thirty (30) day period. (E) Limitation Upon Termination Rights Of Lessor. If Lessor shall elect to terminate this Amended Lease by reason of any default of Lessee, the Leasehold Mortgagee shall also have the right to post pone and extend the date of termination as fixed by the provisions of this Amended Lease for a period of not more than three (3) months from the expiration of the thirty (30) day period specified in sub-section (D) of this Section Forty-Seven, provided that the Leasehold Mortgagee shall have cured or shall have caused to be cured any then existing money defaults and meanwhile shall pay the Rent and other charges required to be paid under this Amended Lease; and provided further, that the Leasehold Mortgagee of this Amended Lease shall forthwith take steps necessary to acquire or sell Lessee's interest and estate in this Amended Lease by fore closure of its Leasehold Mortgage, or otherwise, and shall prosecute such action to completion with due diligence. If at the end of the three (3) month period, the Leasehold Mortgagee of this Amended Lease shall be actively engaged in steps to acquire or sell Lessee's interest in this Amended Lease, all money defaults having been cured, the time for Leasehold Mortgagee to comply with the pro visions of this sub-section (E) of this Section Forty-Seven shall be extended for such period as shall be reasonably necessary to complete these steps with reasonable diligence and continuity. (F) Assignment. Lessor agrees that in the event of any foreclosure under any Leasehold Mortgage either by judicial proceedings or under power of sale contained therein all right, title and interest of Lessee under this Amended Lease may, without the consent of Lessor, be assigned to and vested in the purchaser at such fore closure sale subject and subordinate, however, to the rights, title and interests of Lessor; and, notwithstanding that Lessor's con sent to said assignment shall not have been obtained, any such assignee shall be vested with any and all rights of Lessee under this Amended Lease by virtue of said assignment as though Lessor had consented thereto. (G) Mortgagee Leases. Lessor agrees that in the event of a termination of this Amended Lease by reason of any default by Lessee, and subject to the rights herein granted to Leasehold Mortgagees, Lessor will enter into a lease (hereinafter referred to as the "Mortgagee Lease") of the Property with the Leasehold Mortgagee for the remainder of the term effective as of the date of termina tion, at the same Rent and upon the same terms, provisions, coven ants and agreements as contained in this Amended Lease and subject to no additional exceptions or encumbrances other than those set forth in Exhibt "B" hereof and to the rights, if any, of the parties then in possession (actual or constructive) of any part of the Property; provided, Lessor shall assign to the Leasehold Mortgagee without recourse, warranty or representation of any kind and on such form as is reasonably acceptable to Lessor, all of 2222 JOURNAL OF THE HOUSE, Lessor's interest in any Recognized Sublease made and executed pursuant to Section Thirty hereof, if any, and provided further: (1) The Leasehold Mortgagee shall make written request upon Lessor for the execution of such a Mortgagee Lease within thirty (30) days after the date of termination and the written request is accompanied by payment to Lessor of all sums then due to Lessor under this Amended Lease. (2) The Leasehold Mortgagee shall pay to Lessor at the time of the execution and delivery of the Mortgagee Lease any sums that at the time of its execution and delivery would be due pursuant to this Amended Lease but for the termination, and in addition, all reasonable attorney's fees, which Lessor shall have incurred by reason of the default. (3) The Leasehold Mortgagee shall perform and observe all covenants contained in the Mortgagee Lease on Lessee's part to be performed during such period of time commencing with the date of the execution of the Mortgagee Lease and termi nating upon the abandonment or surrender of possession of the Property under the said Mortgagee Lease and shall further remedy any other conditions that Lessee was obligated to perform under the terms of this Amended Lease. (4) The Lessor shall not warrant possession or quiet enjoyment of the Property to the lessee (Leasehold Mortgagee) under the Mortgagee Lease. (5) The Mortgagee Lease shall be expressly made subject to the rights, if any, of the Lessee under this Amended Lease and to the rights, if any, of the Recognized Sublessees (and any other person or entity claiming by, through or under any Recognized Sublessee) under any Recognized Sublease pur suant to Section Thirty (B) hereof. (6) The Leasehold Mortgagee (the lessee under the Mortgagee Lease) shall assume all of the obligations of Lessor under any Recognized Sublease. (7) The lessee (Leasehold Mortgagee) under the Mortgagee Lease shall have the same right, title and interest in and to the Property and the right to use of the buildings and im provements thereon as Lessee had under this Amended Lease. (H) Agreement Between Lessor And Leasehold Mortgagee. Lessor, upon request, and without any further action or authorization by the Georgia General Assembly being necessary, shall execute, acknowledge and deliver to each Leasehold Mortgagee an agree ment, in form reasonably satisfactory to Leasehold Mortgagee and Lessor, by and between Lessor, Lessee and Leasehold Mort gagee (provided the same has been previously executed by Lessee and Leasehold Mortgagee) agreeing to all of the provisions of this Section Forty-Seven of this Amended Lease. Lessee agrees to pay THURSDAY, FEBRUARY 14, 1974 2223 all costs and expenses incurred by Lessor in connection with the preparation and/or execution of said agreement. (I) Limitation On Number Of Leasehold Mortgages. The rights granted a Leasehold Mortgagee under this Section Forty-Seven shall not extend, as to any one portion of the Property, to more than five (5) such Leasehold Mortgagees at any one time, and shall be exercisable by each Leasehold Mortgagee in the order of the re spective priority of its Leasehold Mortgage, to the exclusion of those Leasehold Mortgagees junior in priority; provided, how ever, if at the time a Leasehold Morgagee registers with Lessor in accordance with this Section Forty-Seven, these exists a Lease hold Mortgage secured by or including the same portion of the Property which Leasehold Mortgagee has been previously regist ered with Lessor in accordance with this Section Forty-Seven, the Leasehold Mortgage or Mortgages first in time of registration with Lessor shall, unless otherwise agreed upon between the Leasehold Mortgagees, notice of such agreement being provided to Lessor, have priority with respect to such portion of the Prop erty and the rights granted to a Leasehold Mortgagee under this Section Forty-Seven. (J) Limitation On Liability Of Leasehold Mortgagee. Lessor agrees that any Leasehold Mortgagee permitted under this Amended Lease shall in no manner or respect whatsoever be liable or re sponsible for any of Lessee's obligations or covenants under this Amended Lease, unless and until such Leasehold Mortgagee be comes the owner of said leasehold estate by foreclosure, sale in lieu of foreclosure or otherwise, in which event such Leasehold Mortga gee shall remain liable for such obligations and covenants only so long as it remains the owner of said leasehold estate. Section Forty-Eight: Default--Lessee's Right To Cure--Lessor's Rights Upon Failure By Lessee To Cure. In the event Lessee fails or re fuses to observe, perform or comply with any of the provisions of this Amended Lease, Lessor may, by serving written notice on Lessee, and on any Recognized Sublessee, and on any Leasehold Mortgagee entitled to receive copies of notices in accordance with Section Forty-Seven of this Amended Lease, declare Lessee to be in default in Lessee's obligations under this Amended Lease. Except as otherwise provided in Section Fifty-One of this Amended Lease, in the event of Lessee's failure to completely and totally remedy or cure any such default within thirty (30) days after the date of the written notice from Lessor, or, if complete and total remedy or cure (except for a default with respect to the payment of monetary sums) cannot be effected despite a good faith effort to effect such remedy or cure within the said thirty (30) days, in the event of Lessee's failure to commence within the said thirty (30) days a good faith effort to completely and totally cure the default within six (6) months after commencement, Lessor may pursue one of the following options: (A) Termination Rights Of Lessor. Terminate this Amended Lease immediately upon written notice thereof to Lessee, and thereafter, without legal process, enter upon and take possession and control of the Property to the complete exclusion of Lessee. Lessor may also de- 2224 JOURNAL OF THE HOUSE, mand, collect and retain all rents due from tenants occupying the Property and Lessor may otherwise treat and occupy the Property as if this Amended Lease had expired of its own limitation. The failure of Lessor to exercise such rights after one or more defaults shall not be a waiver of the rights of Lessor upon any subsequent default; or (B) Reletting Rights Of Lessor. As Lessee's legal representative, without terminating this Amended Lease, rel-let the Property without advertisement and by private negotiations for such term or terms and at such rental or rentals as Lessor in its sole discretion may deem proper and advisable, with the right to make alterations and repairs to the Property. Upon each such reletting: (1) Lessee shall be immediately liable to pay to Lessor, in addition to any sums due hereunder, the cost and expenses of such reletting and of such alterations and repairs incurred by Lessor; and (2) rents received by Lessor from such reletting shall be ap plied: First, to the payment of any costs and expenses of such re-letting and of such alteration and repair; Second, to the payment of Rent due and unpaid under this Amended Lease; and Third, the residue, if any, shall be held by Lessor, in escrow, and (i) applied to the payment of the Rent as the same becomes due under this Amended Lease and, (ii) if any balance then remains, paid to Lessee at the termination of this Amended Lease. Lessor shall in no event be liable to Lessee for any interest on the said residue. Section Forty-Nine: Extinguishment Of Lessee's Rights Upon Termination. Upon the termination or expiration of this Amended Lease from any cause, all rights and interests of Lessee, and all persons whom soever claiming by, through or under Lessee, except for Recognized Sublessees and except for the rights of Leasehold Mortgagees as pro vided for in Section Forty-Seven of this Amended Lease, shall immedi ately cease and determine and the Property, including all buildings, improvement, engines, machinery, dynamos, generators, boilers, furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling, refrig erating, air conditioning, ventilating, gas, electric and plumbing ap paratus, appliances and fixtures, as well as other fixtures attached to or within the Property, shall thenceforward constitute and belong to and be the absolute property of Lessor or Lessor's successors and as signs, without further act or conveyance, and without liability to make compensation to Lessee or to anyone whomsoever, and free and dis charged from all and every lien, encumbrance, claim and charge of any character created or attempted to be created by Lessee at any time. Section Fifty: Prepaid Items Assigned. Upon the expiration of the term of this Amended Lease, or upon the prior termination of this Amended Lease from any cause, all expense items prepaid by Lessee with respect to constructing, operating, maintaining and protecting the Property, including, but not limited to, prepaid insurance premiums, any Tax and utility deposits, shall inure to the benefit of and become the property of Lessor and to this extent Lessee does hereby transfer, assign and convey any such prepaid expense items to Lessor. THURSDAY, FEBRUARY 14, 1974 2225 Section Fifty-One: Bankruptcy -- Appointment Of A Receiver -- Debtor Relief Proceedings -- General Assignment For Benefit Of Credi tors -- Levy Upon Property. In addition to the happening of any event hereinabove set out which gives Lessor the right to declare a default of this Amended Lease, Lessor may, at its option, declare a default of this Amended Lease and immediately elect one of the options provided in Section Forty-Eight of this Amended Lease upon the happening of any or all of the following events: (A) Bankruptcy. If Lessee is adjudicated a bankrupt; or (B) Receivership. If a permanent receiver is appointed for Lessee's interest in the Property and such receiver is not removed within sixty (60) days after notice from Lessor to Lessee to obtain such removal; or (C) Debtor Relief. If Lessee voluntarily or involuntarily takes ad vantage of any debtor relief proceedings under any present or future law whereby the Rent or any part thereof is reduced or payment thereof deferred and said proceedings are not dismissed within sixty (60) days after notice from Lessor to Lessee to obtain such dismissal; or (D) Assignment For Benefit Of Creditors. If Lessee makes a gen eral assignment for benefit of creditors; or (E) Levy Upon Property. If the Property or Lessee's effects or interests therein should be levied upon or attached under process against Lessee, and the same is not satisfied or dissolved within sixty (60) day after notice from Lessor to Lessee to obtain satisfaction or dissolu tion thereof. Section Fifty-Two: Inspection Of Property By Lessor. Lessor, its authorized representatives, agents, employees and attorneys may, but shall be under no duty to, enter the Property at reasonable times and hours, subject to the rights of tenants in possession, if any, to inspect the Property in order to determine whether Lessee is complying with its undertakings, duties and obligations under this Amended Lease. Section Fifty-Three: Property Subject To Zoning. Lessee takes the Property subject to all zoning regulations and ordinances now or hereafter in force including, but not limited to, those as to building line and setback. Lessee, in its descretion and at its own cost and expense, may, in good faith, institute rezoning proceedings or contest and litigate the validity of any zoning ordinance, rule, regulation, resolution or statute of any governmental body affecting the Property or Lessee's use or occupancy thereof; provided, however, that Lessee, shall first give Lessor written notice thereof. The Commission shall execute on behalf of Lessor any and all documents reasonably requested by Lessee in connection with any such proceedings or litigation. Lessee shall indemnify Lessor from any and all liability which might arise by reason of any such proceedings or litigation. Section Fifty-Four: Total Or Partial Condemnation. If, during the term of this Amended Lease, the Property or any part thereof is 2226 JOURNAL OF THE HOUSE, condemned or taken by the United States or by any other legal entity having power of eminent domain over the Property then: (A) Lease Termination. (1) Total Condemnation. If all of the Property, or such por tion thereof as renders the residue of the Property of no substantial commercial value, is so condemned, this Amended Lease shall, at the option of Lessee, terminate on the date title to the Property or the condemned portion there of vests in the condemnor; Provided, how ever, that such termination shall not benefit the condemnor and shall be without prejudice to the rights of other Lessor or Lessee to recover just and adequate compensation from any such condemnor. (2) Partial Condemniation. In the event the residue of the Property is of substantial commercial value, then the Rent other wise payable throughout the remainder of the term of this Amended Lease shall be reduced as follows: the percentage which the value of the residue of the Property (excluding all structures and im provements thereon) after condemnation bears to the value of the Property (excluding all structures and improvements thereon) im mediately prior to such condemnation shall be determined by ap praisal as hereinafter provided, and the percentage determined by said appraisal shall be multiplied by the amount of the Rent other wise payable under the provisions of Section Two of this Amended Lease and the product thereof shall thereafter be payable as the Rent hereunder; and in such event, Lessee shall forthwith repair or rebuild the improvements remaining on such residue of the Property to the extent that it is economically feasible for Lessee to do so. If the percentage which the value of the residue of the Property (excluding all structures and improvements thereon) after condemnation bears to the value of the Property (excluding all structures and improvements thereon) immediately prior to such condemnation is determined (by appraisal as hereinafter provided) to be greater than or equal to twenty-five (25%) percent, the resi due of the Property will, for purposes of this Section Fifty-Four, be considered to be of substantial commercial value. (B) Separate Awards. The Court in such condemnation proceeding shall, if not prohibited by law, be requested to make separate awards to Lessor and Lessee, and Lessor and Lessee agree to request such action by the court. This Section Fifty-Four of this Amended Lease shall be construed as superseding and being hereby substituted for any statutory provisions now in force or hereafter enacted concerning condemnation proceedings to the extent permitted by law. (C) Division Of Single Award--Total Condemnation. If such court is prohibited by law from making separate awards to Lessor and Lessee or declines to do so, and if all of the Property or such portion thereof as renders the residue of the Property of no substantial commercial value is so condemned, the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (1) Lessee shall receive that portion of the award which is equal to the product obtained by multiply ing the amount of the award by a fraction, the numerator of which THURSDAY, FEBRUARY 14, 1974 2227 shall be the sum of (i) the value of all buildings and improvements on the Property plus (ii) the value of Lessee's leasehold estate hereunder had the Property not been condemned plus (iii) the amount of any and all other loss or damage, if any, including, but not limited to, consequential damages for such condemnation, suffered by Lessee as a result of such condemnation, and the denominator of which shall be equal to the sum of (i) the value of all buildings and improvements on the Property plus (ii) the value of Lessee's leasehold estate hereunder had the Property not been condemned plus (iii) the value of Lessor's right to receive Rent hereunder plus (iv) the value of Lessor's rever sionary interest in the Property plus (v) the value of Lessor's rever sionary interest in the buildings and improvements on the Property upon the expiration of this Amended Lease on December 27, 2044, plus (vi) the amount of any and all other loss or damage, if any, including, but not limited to, consequential damages for such condemnation, suf fered by Lessee as a result of such condemnation; and (2) Lessor shall receive the balance of the award. For the purposes of this subsection (C) of this Section Fifty-Four, the values set forth hereinabove shall be determined (by appraisal, as hereinafter provided) as of the date im mediately preceding such condemnation. (D) Division Of Single Award--Partial Condemnation. If such court is prohibited by law from making separate awards to Lessor and Lessee or declines to do so, and if the residue of the Property after such condemnation is of substantial commercial value, then the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (1) Lessee shall receive that portion of the award which is equal to the product obtained by multiplying the amount of the award by a fraction, the numerator of which shall be equal to the sum of (i) the difference between the value of all buildings and improvements on the Property immediately prior to such condemnation and the value of the residue of all buildings and improvements on the Property im mediately after such condemnation plus (ii) the difference between the value of Lessee's leasehold estate hereunder had the Property not been condemned and the value of Lessee's leasehold estate hereunder follow ing such condemnation plus (iii) the amount of any and all other loss or damage, if any, including, but not limited to, consequential damages for such condemnation, suffered by Lessee as a result of such condem nation, and the denominator of which shall be equal to the sum of (i) the numerator of this fraction plus (ii) the difference between (a) the sum of the value of Lessor's right to receive Rent hereunder plus the value of Lessor's reversionary interest in the Property plus the value of Lessor's reversionary interest in the buildings and improvements on the Property immediately prior to such condemnation and (b) the sum of the value of Lessor's right to receive Rent hereunder plus the value of Lessor's reversionary interest in the Property plus the value of Lessor's reversionary interest in the buildings and improvements after such condemnation; and (2) Lessor shall receive the balance of the award. For the purposes of this sub-section (D) of this Section Fifty-Four, the values set forth hereinabove shall be determined by ap praisal as hereinafter provided. (E) Use Of Lessee's Award. That portion of the award of Lessee for any condemnation attributable to the value of the buildings and im provements on the Property and to the value of Lessee's leasehold estate hereunder shall be paid by Lessee to the Leasehold Mortgagee 2228 JOURNAL OP THE HOUSE, and applied to all or any part of the indebtedness secured by such Leasehold Mortgagee's Leasehold Mortgage unless applied by the Lease hold Mortgagee to the repair or restoration of the improvements damaged by such condemnation, provided that any amount of such award not so applied shall be paid to Lessee. (F) Appraisals. For the purpose of determining the appropriate reduction in the Rent payable hereunder in the event of a partial con demnation of the Property as set forth in sub-section (A) of this Sec tion Fifty-Four, and for the purpose of determining any value or amount which is to be determined by appraisal pursuant to sub-sections (C) and (D) of this Section Fifty-Four, Lessor and Lessee shall each appoint one appraiser to determine the applicable value(s) or amount(s), and each shall promptly notify the other of such appointment. If either party shall fail or refuse so to appoint an appraiser and give notice thereof within thirty (30) days after written request from the other party, the appraiser appointed by such other party shall within an additional thirty (30) days thereafter individually make any such appraisal. If the parties have each so appointed an appraiser, the two appraisers thus appointed shall make such determination within thirty (30) days after the date of the later notice of appointment. If such two appraisers are unable to agree on such determination within said thirty (30) days, they shall, within an additional thirty (30) days thereafter, jointly appoint a third appraiser; if they fail so to appoint such third appraiser within said thirty (30) days, the third appraiser shall be appointed jointly by Lessor and Lessee (or upon their inability to agree, by the presiding judge of the Superior Court of Fulton County, Georgia). The three appraisers so appointed shall then promptly make such determination by majority vote. Any determination made pursuant to this subsection (F) of this Section Fifty-Four shall be binding and conclusive upon Lessor and Lessee, without any right of appeal. All appraisers appointed hereunder shall be competent, qualified by training and experience, disinterested, independent, and members in good stand ing of the American Instiute of Real Estate Appraisers, or its successor. All appraisal reports shall be rendered in writing and signed by the appraiser or appraisers making the report. Each party shall pay all fees and expenses charged or incurred by the appraiser appointed by such party; fees and expenses charged or incurred by the third ap praiser and fees and expenses which cannot be reasonably attributed to any one appraiser shall borne equally by Lessor and Lessee. (G) Other Evidence. Except as provided in sub-section (F) of this Section Fifty-Four, and for the specific limited purpose set forth therein, nothing herein contained to the contrary shall be deemed to prohibit Lessor or Lessee from introducing into any such condemnation proceeding or proceedings such appraisals or other estimates of value, loss and damage as each of them may see fit. This Section Fifty-Four of this Amended Lease shall not constitute an acknowledgement by Lessor or Lessee or either or both of them that Lessor's rights as a Sovereign in and to the reversionary fee simple estate in the Property are in any manner subject to any power of eminent domain vested in any government or other legal entity. Section Fifty-Five: Lessee's Rights And Obligations With Respect THURSDAY, FEBRUARY 14, 1974 2229 To Certain Of The Terms And Conditions Contained In Exception (A) Entitled Air, Mineral And Other Rights Contained In The March 4, 1968, Western & Atlantic Railroad Lease. With respect to that portion of the Property which consists of the air rights over the right-of-way of the Western & Atlantic Railroad as the said right-of-way is located as of the date of execution of this Amended Lease by Lessor or as the said right-of-way may be relocated pursuant to, under and by virtue of the terms and conditions of that certain March 4, 1968, Lease of the Western & Atlantic Railroad by and between Lessor and the Louisville and Nashville Railroad Company (hereinafter referred to as the "March 4, 1968, Lease"), Lessor and Lessee hereby covenant and agree as follows: (A) Simultaneous Submission To Lessor And To Louisville And Nashville Railroad Company. To the extent, if at all, that any submis sions made by Lessee to Lessor pursuant to the requirements of Section Nineteen, Section Twenty-Two, Section Twenty-Pour or Section FiftyFive (B) of this Amended Lease require consideration to be given to such submissions by the Louisville and Nashville Railroad Company ("L&N") by reason of the provisions of Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968, Lease, Lessee agrees to make any such submission simultaneously both to Lessor and to L&N and to diligently assert its best efforts to obtain the written acceptance or approval of any such submission by a properly authorized officer or official of L&N before formally requesting any action to be taken, easement to be granted, agreement to be executed or approval to be given by Lessor. Lessor agrees to cooperate with Lessee in presenting to L&N any reasonable requests that may be made by Lesssee which require the acceptance or approval of L&N. (B) Relocation Of Railroad Tracks. To the extent, if at all, that Lessee makes the determination that the development and utilization of the property described in Exhibit "A" hereof, or any portion thereof, necessitates the relocation of any portion of the Western & Atlantic Railroad tracks, Lessee shall submit to Lessor, with the Structural Plans on which such determination is based, any request which would necessitate Lessor's consideration of requiring L&N to implement the relocation of such tracks pursuant to the rights of Lessor as set forth in Exception (A) of the March 4, 1968, Lease, so long as: (1) Such relocation is necessary to permit the placement of any pillar providing support to a structure located in or upon the Property; and (2) There is no point at which said pillar can be placed con sistent with sound engineering practices without necessitating the relocation of said track; and (3) Neither such relocated track nor the work of relocation will unreasonably interfere with the use by L&N under the said March 4, 1968, Lease, or any sublessee of L&N, or the properties leased under the said March 4, 1968, Lease, or unreasonably reduce the operating capacity or operating convenience of said properties, whether only in the immediate vicinity of said relocated track or elsewhere on the said properties; and 2230 JOURNAL OF THE HOUSE, (4) Such relocation, including acquisition of additional land, if necessary, and all other work and modifications of other tracks and structures necessitated by such relocation are performed with out cost to Lessor or to L&N or to any sublessee to L&N and at such reasonable times and in accordance with such reasonable standards and specifications as may be established by L&N under the said March 4, 1968, Lease. Section Fifty-Six: Estoppel Certificates. Lessor and Lessee will execute, acknowledge and deliver, to the other promptly upon request, a Certificate certifying as to the following: (A) Validity Of Lease. That this Amended Lease is unmodified and in full force and effect (or, if there have been modifications, that this Amended Lease is in full force and effect, as modified, and stating the modifications) ; (B) Payment Of Rent. The dates through which the Rent under this Amended Lease has been paid; (C) Amount Of Rent Due. The amount of the Rent then payable; (D) Security Deposits. The amount and status of the Security Deposit required pursuant to Section Five hereof; (E) Recognized Subleases. Those subleases, if any, which have been recognized [and the date(s) of said recognition] pursuant to Sec tion Thirty hereof; and (F) Defaults By Lessee. That no notice has been given by Lessor to Lessee of any default under this Amended Lease which has not been cured and to the best of its knowledge and belief no default exists (or, if these has been any notice given or a default exists, describing the same). Certificates from Lessor and Lessee pertaining to the same matters may be relied upon by any prospective Leasehold Mortgagee or by any prospective assignee of an interest under this Amended Lease or by any prospective sublessee as to all or any portion of the Property. Section Fifty-Seven: Individual Leases. Without any further ac tion or authorization by the Georgia General Assembly being neces sary, Lessor shall at any time, and from time to time during the term of this Amended Lease, upon the written request of Lessee, amend this Amended Lease and enter into one or more individual leases (herein referred to in this Amended Lease as "Individual Lease" or "Individual Leases" as the context requires) covering any portion or portions of the Property in accordance with the following terms and conditions: (A) Content Of Individual Leases. Each Individual Lease shall conform to the following requirements and limitations: THURSDAY, FEBRUARY 14, 1974 2231 (1) Parties. It shall name Lessor as lessor and Lessee as lessee thereunder; (2) Property. It shall specifically describe as the premises demised thereunder such portion of the Property which shall be designated by Lessee, and shall in no event include any additional real property beyond the boundaries of the property described in Exhibit "A" hereof, except that it may include non-exclusive easements which are appurtenant in part or in whole to the premises demised thereunder and which non-exclusive easements have theretofore been granted pursuant to the provisions of Section Twenty-Pour of this Amended Lease. The legal description con tained in each such Individual Lease shall be prepared on the basis of and from a current, accurate, properly labeled and recordable plat of survey obtained at the expense of Lessee from and certified by a Georgia registered and licensed land surveyor or professional engineer, which shall show and have labeled across the face thereof (i) the portion of the Property which will be the premises demised under the Individual Lease, (ii) any portion of the Property that has theretofore been demised under Individual Leases, and (iii) all of the remainder of the Property. Such plat of survey shall also include thereon a certification and labeling by the said surveyor or engineer as to the total gross acreage (also expressed in square footage) contained within the boundaries of (i) the portion of the Property demised under the Individual Lease, (ii) the portion(s), if any, of the Property theretofore demised under an Individual Lease and (iii) all of the remainder of the Property. (3) Annual Rent. It shall provide for the payment of rental according to the provisions of Section Two of this Amended Lease, except that the amount of the annual Rent under such individual Lease shall not exceed the annual Rent as provided for in Section Two hereof (as such amount is amended from time to time by rea son of amendments to this Amended Lease). The Commission shall have the right to specify (subject to the limitations as imposed by sub-sections (A) (3) and (E) of this Section Fifty-Seven) the precise amount of rental payable under any such Individual Lease.; (4) Lessee's Assumption Of Obligations Owed To Louisville And Nashville Railroad Company. In the event the Commission con cludes the premises as described in any such Individual Lease could not include all or any portion of the property described in the aforesaid Exhibit "A" of this Amended Lease which lies above the right-of-way of the Western & Atlantic Railroad or any portion thereof, such Individual Lease shall not contain a section which would be the counterpart of Section Fifty-Five of this Amended Lease; and (5) Warranty. It shall contain an express written warranty by Lessee in favor of Lessor, the breach of which shall constitute a default under Section Forty-Eight of this Amended Lease, that the Individual Lease conforms to each of the requirements and limitations imposed by the provisions of this Section Fifty-Seven; (6) Form Of Individual Lease. Except as otherwise provided 2232 JOURNAL OF THE HOUSE, in this Section Fifty-Seven, it shall contain precisely the same provisions as are set forth in this Amended Lease; and (7) Deletion Of The Terms And Conditions Of This Section Fifty-Seven From Individual Leases. It shall not contain any term or condition of this Section Fifty-Seven or any equivalent to the terms and conditions contained in this Section Fifty-Seven. (B) Submission Of Individual Leases To The Commission. Each Individual Lease shall be submitted by Lessee to the Commission accom panied by: (1) Form Of Amendment. A proposed form of an amendment of this Amended Lease prepared in accordance with the provisions of sub-section (D) of this Section Fifty-Seven; and (2) Plat Of Survey. Sufficient copies, as determined by the Commission, of the plat of survey referred to in sub-section (A) (2) of this Section Fifty-Seven. (C) Execution Of Individual Lease. Within sixty (60) days after the date of receipt of each such submission, the Commission shall specify (subject to the limitations as imposed by sub-section (A) (3) of this Section Fifty-Seven) the amount of rental to be paid in connec tion with such Individual Lease and shall execute for and on behalf of Lessor each such Individual Lease together with an amendment of this Amended Lease in accordance with the provisions of sub-section (D) of this Section Fifty-Seven. The Commission, in its discretion, shall have the right to refuse to execute any Individual Lease or amendment to this Amended Lease which fails in any particular to comply with the provisions of this Section Fifty-Seven. (D) Content Of Amendments To This Amended Lease. At such time as the Commission shall specify (subject to the limitations im posed by sub-section (A) (3) of this Section Fifty-Seven) the amount of the rentals to be paid in connection with any such Individual Lease, and upon the execution of each such Individual Lease, this Amended Lease shall be amended as follows: (1) Property. Section One of this Amended Lease shall be amended to remove and discharge that portion of the Property demised under each such Individual Lease in all respects from the provisions set forth in this Amended Lease; (2) Rent. Section Two of this Amended Lease shall be amended to reduce the annual Rent by a sum equivalent to the amount of the rental as specified by the Commission in connection with any such Individual Lease; (3) Ratification. Any such amendment shall provide that except as specifically therein provided for, and except as thereto fore amended by prior amendments, this Amended Lease shall THURSDAY, FEBRUARY 14, 1974 2233 continue in full force and effect as legally binding obligations of Lessor and Lessee. (E) Restriction Upon Cumulative Amount Of Rent. Any other provisions of this Amended Lease to the contrary notwithstanding, in no event shall the cumulative sum of (i) the annual Rent payable under this Amended Lease (as such amount is amended from time to time by reason of amendments to this Amended Lease) plus (ii) the sum of all annual Rent payable pursuant to all Individual Leases which have been executed pursuant to this Amended Lease, fail to be equal to the annual Rent as originally provided for in Section Two of this Amended Lease. Section Fifty-Eight: Addresses For Notices -- Requirement That All Notices, Demands And Requests Be In Writing. Until a different address is given to Lessee in writing, all notices required to be given to Lessor hereunder shall be mailed by United States certified or registered mail, return receipt requested, with a copy thereof wired by telegraphic means, to the Executive Director of the State Properties Commission, Post Office Box 38121, Capitol Hill Station, Atlanta, Georgia 30334. All notices required to be given to Lessee hereunder shall, until a different address is given to Lessor in writing, be mailed by United States certified or registered mail, return receipt requested, with a copy thereof wired by telegraphic means, to Lessee at the follow ing address: Consolidated Atlanta Properties, Ltd. c/o Downtown Development Corp. 300 Interstate North Atlanta, Georgia 30039. Notwithstanding anything contained in this Amended Lease to the contrary, any notice required to be given by Lessor or Lessee here under shall be deemed to have been given and shall be effective as of the date of the postmark of the United States Postal Service reflected on said notice. All notices, demands or requests made by either party to the other which are required or permitted by the provisions of this Amended Lease shall be in writing. Section Fifty-Nine: Submission Of Matters To Lessor For Ap proval. Any matter which must be submitted to and consented to or approved in writing by Lessor or any matter which must be submitted to Lessor which may become effective if not denied by Lessor, as required under this Amended Lease, shall be submitted to Lessor by hand or mailed by United States certified or registered mail return receipt requested, to the Executive Director, State Properties Com mission, Post Office Box 38121, Capitol Hill Station, Atlanta, Georgia 30334 (or any successor commission, agency, department or board hav ing specific statutory authority to administer properties owned by the State Of Georgia) and shall either be approved or rejected by the Com mission within sixty (60) days after receipt unless a shorter period of time is expressly stated elsewhere in this Amended Lease, provided, however, where any such matter involves consideration by Lessor of requiring any relocation pursuant to Section Fifty-Five (B) hereof of either of the two main line tracks of the Western & Atlantic Railroad, 2234 JOURNAL OF THE HOUSE, no time period expressed in this Amended Lease shall apply as to any such matter. If the Commission should fail so to approve or reject within such sixty (60) day period as provided for herein, Lessor's ap proval shall be assumed to have been unconditionally granted and Lessee shall have the right to proceed on such matter so submitted. The Commission shall inform Lessee in writing of its rejection or approval of such submitted matter by United States certified or registered mail, return receipt requested, to the address of Lessee designated for the giving of notice to Lessee under Section Fifty-Eight of this Amended Lease. Notwithstanding anything contained in this Section Fifty-Nine to the contrary, in the event that Lessee obtains the approval of the L&N to any matter which must be submitted to the L&N pursuant to Section Fifty-Five of this Amended Lease, such matter shall be either approved or rejected by the Commission within thirty (30) days after the receipt by the Commission of evidence of the approval of such matter by the L&N. Section Sixty: Holding Over By Lessee. Lessee shall not use or remain in possession of the Property after the termination of this Amended Lease. Any holding over, or continued use and/or occupancy by Lessee after the termination of this Amended Lease, without the written consent of Lessor, shall not constitute a tenant-at-will interest in behalf of Lessee, but Lessee shall become a tenant-at-sufferance at the annual rate (payable monthly) of Rent in effect for the immediately preceding year of the term of this Amended Lease. There shall be no renewal whatsoever of this Amended Lease by operation of law. Section Sixty-One: No Waiver Of Rights By Lessor. No failure of Lessor to exercise any power given Lessor hereunder or to insist upon strict compliance by Lessee with its undertakings, duties and obligations hereunder, and no custom or practice of the parties hereto at variance with the provisions hereof shall constitute a waiver of Lessor's right to demand exact compliance with the provisions contained in this Amended Lease. Section Sixty-Two: Rights Are Cumulative. All rights, powers and privileges conferred herein upon both parties hereto shall be cumulative. Section Sixty-Three: Provisions Are Binding Upon Assigns And Are Covenants Real. It is mutually covenanted, understood and agreed by and between the parties hereto, that each of the provisions of this Amended Lease shall apply to, extend to, be binding upon and inure to the benefit or detriment of not only the parties hereto, but also the legal representatives, successors and assigns of Lessor and Lessee hereto, and shall be deemed and treated as covenants real running with the Property during the term of this Amended Lease. Whenever a reference to the parties hereto is made, such reference shall be deemed to include the legal representatives, successors and assigns of said party, the same as if in each case expressed. Section Sixty-Four: Georgia Law Applies. This Amended Lease shall be governed, construed, performed and enforced in accordance with the laws of the State Of Georgia. THURSDAY, FEBRUARY 14, 1974 2235 Section Sixty-Five: All Genders And Numbers Included. When ever the singular or plural number, or masculine, feminine, or neuter gender is used in this Amended Lease, it shall equally apply to, extend to, and include the other. Section Sixty-Six: Invalidity Of Provision Or Part Thereof. In the event any provision, or any portion of any provision, of this Amended Lease is held invalid, the other provisions of this Amended Lease and the remaining portion of said provision, shall not be affected thereby and shall continue in full force and effect. Section Sixty-Seven: State Properties Commission Acts For Les sor. In the performance of all terms, satisfaction of all conditions, fulfillment of all requirements and discharge of all obligations and duties of Lessor under this Amended Lease, including discretionary determinations to be made pursuant hereto, including, but not limited to, the execution of easements pursuant to Sections Nineteen and Twenty-Four hereof, the execution of Individual Leases pursuant to Section Fifty-Seven hereof, the execution of Mortgagee Leases pur suant to Section Forty-Seven hereof, the execution of any Estoppel Certificates pursuant to Section Fifty-Six hereof, any modification of the Security Deposit pursuant to Sections Five, Six and Seven hereof, any approvals granted or consents required pursuant to Sections Twenty-Two and Thirty-One hereof, any action required in any pro ceedings contemplated under Sections Ten and Fifty-Three hereof, the approval or rejection and execution of any agreements with respect to any sublease submitted for recognition pursuant to Section Thirty hereof, appointment of an appraiser pursuant to Section Fifty-Four hereof, the execution of such agreements as are contemplated pursuant to Section Fifty-Five hereof, and any approvals pursuant to Section Fifty-Nine hereof, the Commission shall act for and on behalf of Lessor and without any further action or authorization by the Georgia General Assembly being necessary to authorize and empower the Commission to so act. However, Lessor reserves the right through appropriate action by the Georgia General Assembly (legislation) to appoint such other agent as it may designate to perform such terms, satisfy such conditions, fulfill such requirements and discharge such obligations and duties. Section Sixty-Eight: Time Is Of Essence. All time limits stated in this Amended Lease are of the essence of this Amended Lease. Section Sixty-Nine: Section Captions Are To Be Disregarded. The captions of the numbered Sections of this Amended Lease are for purposes of identification and convenience only and are to be com pletely disregarded in construing this Amended Lease. Section Seventy: Entire Agreement Contained Herein. The mak ing, execution and delivery of this Amended Lease by Lessee has not been induced by any representations, statements, covenants (including, but not limited to, covenants of quiet enjoyment) or warranties (includ ing, but not limited to, representations, statements or warranties with respect to title to the Property or its condition or its suitability for Lessee's purposes) by Lessor. This Amended Lease constitutes the full, complete and entire agreement between and among the parties hereto; 2236 JOURNAL OF THE HOUSE, no agent, employee, officer, representative or attorney of the parties hereto has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in con nection herewith modifying, adding to or changing the provisions of this Amended Lease. No amendment of this Amended Lease shall be binding unless such amendment shall be in writing, signed by both parties hereto and attached to, incorporated in and by reference made a part of this Amended Lease. IN WITNESS WHEREOF, Jimmy Carter, as Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State of Georgia, have this .........__. day of ....................._,,._.._._.___., 197----., signed, sealed and delivered (and affixed the great seal of the State Of Georgia to) this Amended Lease for and on behalf of the STATE OF GEORGIA, Lessor, in duplicate, and CONSOLIDATED ATLANTA PROPERTIES, LTD., Lessee, has signed, sealed and delivered this Amended Lease, also in duplicate. Signed, sealed and delivered in the presence of: (As to the signatures of Jimmy Carter, as Governor of the State Of Georgia, and Ben W. Fortson, Jr., as Secretary of State of the State Of Georgia) STATE OF GEORGIA By: Jimmy Carter, as Governor of the State Of Georgia Witness Notary Public Attest: ____________________--_--_,,------------ Ben W. Fortson, Jr., as Secre tary of State of the State Of Georgia My Commission Expires (STATE OF GEORGIA SEAL) (AFFIX NOTARY PUBLIC HERE) THURSDAY, FEBRUARY 14, 1974 2237 Signed, sealed and delivered in the presence of: (As to the signatures of John D. Arndt and John M. Barge) CONSOLIDATED ATLANTA PROPERTIES, LTD., a Fulton County, Georgia Limited Partnership Is/ Glenda F. McGaha Witness 1st Sibyl Belk Langley Notary Public, Georgia, State at Large My Commission Expires March 25, 1977 By: Downtown Development Corp., General Partner By: _ (SEAL) Is/ John D. Arndt, Vice President Attest: ..............................(SEAL) Is/ John M. Barge, Assistant Secretary (AFFIX NOTARY PUBLIC SEAL HERE) (AFFIX CORPORATE SEAL HERE) ACKNOWLEDGEMENT AND CONSENT The undersigned DOWNTOWN DEVELOPMENT CORP., FM AIR RIGHTS COMPANY and CITY CENTER, INC., said Downtown Development Corp., FM Air Rights Company and City Center, Inc. com prising a joint venture doing business under the name of ATLANTA AIR-RIGHTS CO., by the execution hereof, hereby consent to the amendments to the said 1960 Lease and the said 1970 Lease as set forth herein and further acknowledge that the obligations and liabilities of Atlanta Air-Rights Co. under the said 1960 Lease and the said 1970 Lease as herein amended shall be and remain in full force and effect. Signed, Sealed and delivered in the presence of: DOWNTOWN DEVELOPMENT CORP. (SEAL) Is/ Norman L. Underwood Witness Is/ Stephen F. McLaughlin Notary Public, Georgia, State at Large My Commission Expires Jan. 9, 1977 By: John D. Arndt Isl John D. Arndt Vice President (SEAL) Attest ............._.._._.__..._....___.(SEAL) Is/ J. M. Barge Asst. Secretary (NOTARY PUBLIC SEAL) (CORPORATE SEAL) 2238 JOURNAL OF THE HOUSE, Signed, Sealed and delivered in the presence of: FM AIR RIGHTS COMPANY /s/ Kathleen T. Saudarg ,,....---,,___.___.___..__._--_--..---.----_--..----Witness By: ------------< SEAL > / s / John M. Ryan Vice President /s/ Jane Campo Attest: ..............................(SEAL) /s/ W. Burres My Commission Expires November -------------------------------------------------- 17, 1975 Asst. Secretary (NOTARY PUBLIC SEAL) (CORPORATE SEAL) Signed, sealed and delivered in the presence of: /s/ Norman L. Underwood ___--__--_--_--__,,_--_--------__----..,, Witness CITY CENTER, INC. (SEAL) By: _. (SEAL) i i jjokgrf. g Troutman, Jr. President Is/ Stephen F. McLaughlin Notary Public, Georgia, State at Large My Commission Expires Jan. 9, 1977. (NOTARY PUBLIC SEAL) Attest: ______________________________ (/QSE^AATLI) /s/ Hal s Dumas, Jr. Secretary (CORPORATE SEAL) THURSDAY, FEBRUARY 14, 1974 ACKNOWLEDGEMENT AND CONSENT The undersigned CITY CENTER, INC., by its execution hereof, hereby consents to the amendments to the said 1960 Lease as set forth herein and further acknowledges that the obligations and liabilities of City Center, Inc. under the said 1960 Lease as herein amended shall be and remain in full force and effect. Signed, sealed and delivered in the presence of : Is/ Norman L. Underwood __..._._._..-Witness CITY CENTER, INC. (SEAL) By : ............ .........._ .___.._....._. (SEAL) 1st Robert B. Troutman, Jr. President Is/ Stephen F. McLaughlin ._.._.____,,.._...._._...-------- Notary Public, Georgia, State at Large My Commission Expires Jan. 9, 1977. (NOTARY PUBLIC SEAL) Attest : ___._._.__..._-.-.-.-........... ( SEAL) /s/ Hal S. Dumas, Jr. Secretary (CORPORATE SEAL) ACKNOWLEDGEMENT AND CONSENT The undersigned DOWNTOWN DEVELOPMENT CORP., by its execution hereof, hereby consents to the amendments to the said 1960 Lease as set forth herein and further acknowledges and affirms that the obligations and liabilities of Downtown Development Corp. under the said 1960 Lease as herein amended shall be and remain in full force and effect. 2240 JOURNAL OF THE HOUSE, Signed, sealed and delivered in the presence of: DOWNTOWN DEVELOPMENT CORP. (SEAL) /s/ Glenda F. McGaha Witness By: John D. Arndt /s/ john D. Arndt (/OSTE^AALT^) /s/ Sibyl Belk Langley V. President Notary Public, Georgia, State Attest: ____._......____._............(SEAL) at Large Is/ J. M. Barge My Commission Expires Mar. ------------------------------------ 25 }977 Asst. Secretary (NOTARY PUBLIC SEAL) (CORPORATE SEAL) ACKNOWLEDGEMENT AND CONSENT The undersigned ALLRIGHT PARKING OF GEORGIA, INC., by its execution hereof, hereby acknowledges and consents to the severance of Tracts 4-A, 4-B and 6 from the said 1972 Allright Lease (said tracts being portions of the tracts designated in the said 1972 Allright Lease as Tracts 3 and 5) and to the incorporation thereof into the said 1960 Lease as herein amended upon the condition that Allright is relieved of any and all obligations and liability under the said 1972 Allright Lease with respect to said Tracts and upon the further condition that Allright shall have no liability whatsoever under the provisions of this Amended Lease or with respect to the Property demised under this Amended Lease. Signed, sealed and delivered in the presence of: ALLRIGHT PARKING OF GEORGIA, INC. (SEAL) Is/ Kathryn Brookshire """""Witness"""""""""""""""""""""""" /s/ Stephen F. McLaughlin ""N"o"tary""pu"bTic","Georgia7 State at Large My Commission Expires Jan. 9, 1977. (NOTARY PUBLIC SEAL) By: ,,_____.._..,,_.............._....__..(SEAL) /s/ Garland Follis President Attest: ----------- (SEAL) / s / D. C. Richie Asst. Secretary (CORPORATE SEAL) THURSDAY, FEBRUARY 14, 1974 2241 ACKNOWLEDGEMENT AND CONSENT The undersigned SIMON S. SELIG, Jr., CHARLES R. MASSELL and B. F. PATTILLO, as Trustees .....-...-__._.-_......_-.__-...-...--__-......__.._.. under the Will of Ben J. Massell, deceased, by their execution hereof, hereby consent to the severance of Tract 3 from the said 1950 Lease (said tract being designated in the said 1950 Lease as Tract 5) and to the incorporation thereof into this Amended Lease upon the condition that they are relieved of any and all obligations and liability under the said 1950 Lease with respect to said Tract and upon the further condition that they shall have no liability whatsoever under the terms of this Amended Lease or with respect to the Property demised under this Amended Lease. Signed, sealed and delivered in the presence of: (as to Simon S. Selig, Jr.) /s/ William A. Rush Witness TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED /s/ Simon S. Sehg, Jr., as Trustee /s/ Janet McGuire Notary Public, Georgia, State at Large My Commission Expires May 6, 19T7 _ (NOTARY PUBLIC SEAL) Signed, sealed and delivered in the presence of: (as to Charles R. Massell) Is/ William A. Rush Witness /s/ Charles R. Massell, as Trustee /s/ Janet McGuire Notary Public, Georgia, State at Large My Commission Expires May 6, 1977 (NOTARY PUBLIC SEAL) 2242 JOURNAL OF THE HOUSE, Signed, sealed and delivered in the presence of: (as to B. F. Pattillo) /s/ William A. Rush Witness / s / B. F. Pattillo, as Trustee /s/ Janet McGuire Notary Public, Georgia, State at Large My Commission Expires May 6, 1977 (NOTARY PUBLIC SEAL) Exhibit "A" LEGAL DESCRIPTIONS TRACT 2 All of the air space over and above a horizontal elevation plane of twenty-one feet three inches (21'3") above the top of the most elevated rail (located on the property described below) which lies within the boundary of the following described property: ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the north west line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence north easterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 42.25 feet to a point; running thence northeasterly along the northwest line THURSDAY, FEBRUARY 14, 1974 2243 of said right-of-way of Forsyth Street which forms an interior angle of 179 degrees 27 minutes with the last preceding course a distance of 73.3 feet to a point; running thence northwesterly along a line forming an interior angle of 99 degrees 39 minutes with the last preceding course a distance of 212.9 feet to a point; running thence southwesterly along a line forming an interior angle of 92 degrees 35 minutes with the last preceding course a distance of 150.0 feet to a point; running thence northwesterly along a line forming an interior angle of 256 degrees 54 minutes with the last preceding course a distance of 51.1 feet to a point; running thence southwesterly along a line forming an in terior angle of 99 degree 41 minutes with the last preceding course a distance of 66.3 feet to a point; running thence northwesterly along a line forming an interior angle of 242 degrees 12 minutes with the last preceding course a distance of 170.0 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence southwesterly along a line being coincident with the southeast edge of Spring Street Viaduct and which forms an interior angle of 94 degrees 57 minutes with the last preceding course a distance of 40.26 feet to a point; running thence southeasterly along a line forming an interior angle of 85 degrees 02 minutes with the last preceding course a distance of 479.85 feet to THE POINT OF BEGINNING; being the property designated as "Tract 2" and shown as containing 1.21 acres and 52,743 square feet on that certain Blueprint of Survey, captioned "SURVEY FOR CONSOLIDATED ATLANTA PROP ERTIES, LTD.", dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey, a copy of which is attached hereto, is for all purposes by this reference incorporated in and made a part of this Amended Lease. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and founda tions, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. TRACT 3 All of the air space over and above a horizontal elevation plane of twenty feet three inches (20'3") above the top of the railroad tracks of Western & Atlantic Railroad (as said rail was in existence as of December 21, 1954), which lies within the boundary of the following described property ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more partic ularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection fromed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the north west line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point) ; run thence northeasterly along the northwest line of 2244 JOURNAL OF THE HOUSE, said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence north easterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 42.25 feet to a point; run thence north easterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 179 degrees 27 minutes with the last preceding course a distance of 73.3 feet to a point; run thence north westerly along a line forming an angle of 99 degrees 39 minutes with the last preceding course a distance of 212.9 feet to THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence southwesterly along a line forming an exterior angle of 92 degrees 35 minutes with the last preceding course a distance of 150.0 feet to a point; running thence northwesterly along a line forming an exterior angle of 256 degrees 54 minutes with the last preceding course a distance of 51.1 feet to a point; running thence southwesterly along a line forming an exterior angle of 99 degrees 41 minutes with the last preceding course a distance of 66.3 feet to a point; running thence northwesterly along a line forming an exterior angle of 242 degrees 12 minutes with the last preceding course a distance of 170.0 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence north 18 degrees 32 minutes 30 seconds east along a line being coincident with the southeast edge of Spring Street Viaduct forming an interior angle of 84 degrees 47 minutes with the last preceding course a distance of 334.5 feet to a point; running thence southeasterly along a line forming an interior angle of 66 degrees 35 minutes with the last preceding course a distance of 338.2 feet to THE POINT OF BEGINNING; being the property designated as "Tract 3" and shown as containing 1.56 acres and 68,207 square feet on that certain Blueprint of Survey, captioned "SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD.", dated De cember 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey, a copy of which is attached hereto, is for all purposes by this reference incorporated in and made a part of this Amended Lease. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and founda tions, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. TRACT 4 Tract 4 consists of Parcel A and Parcel B as more particularly set forth hereinbelow. THURSDAY, FEBRUARY 14, 1974 2245 PARCEL A All of the air space over and above the elevation of the underside of Spring Street Viaduct as presently constructed which lies within the boundary of the following described property: ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point) ; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said rightof-way of Alabama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said rightof-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 27.51 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 53 degrees 07 minutes 30 seconds west a distance of 74.22 feet) a distance of 74.23 feet to a point; run thence north 54 degrees 30 minutes 30 seconds west a distance of 66.08 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 51 degrees 09 minutes west a distance of 88.1 feet) a distance of 88.16 feet to a point; run thence north 47 degrees 47 minutes 30 seconds west a distance of 292,96 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct and THE POINT OF BEGINNING; FROM THE TRUE POINT OF BE GINNING AS THUS ESTABLISHED, running thence north 47 degrees 47 minutes 30 seconds west a distance of 42.39 feet to a point; running thence northwesterly along an arc of a curve (having a chord bearing north 47 degrees 11 minutes west a distance of 21.89 feet) a distance of 21.9 feet to a point on a line being coincident with the northwest edge of Spring Street Viaduct; running thence south 18 degrees 45 minutes west along a line being coincident with the northwest edge of Spring Street Viaduct which line forms an interior angle of 65 degrees 56 minutes with the last preceding course a distance of 292.6 feet to a point; running thence south 76 degrees 41 minutes 30 seconds east along a line which forms an interior angle of 84 degrees 33 minutes 30 seconds with the last preceding course a distance of 60.30 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence northeasterly along a line being coin cident with the southeast edge of Spring Street Viaduct which line forms an interior angle of 95 degrees 14 minutes with the last preceding course a distance of 40.26 feet to a point; running thence north 18 degrees 3i2 minutes 30 seconds east along a line being coincident with the southeast edge of Spring Street Viaduct which line forms an in terior angle of 180 degrees 16 minutes with the last preceding course a distance of 220.8 feet to THE POINT OF BEGINNING, being the property designated as "Tract 4" and shown as containing 0.38 acres 2246 JOURNAL OF THE HOUSE, and 16,425 square feet on that certain Blueprint of Survey, captioned "SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD.", dated December 31, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey, a copy of which is attached hereto, is for all purposes by this reference incor porated in and made a part of this Amended Lease; and subject to the rights of the City of Atlanta and the public with respect to the public right of-way of Spring Street Viaduct from the present street surface level of Spring Street Viaduct to a parallel elevation not less than sixteen and one-half (16.5') feet above the present street surface level of said viaduct. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and founda tions, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. PARCEL B All of the air space over and above a horizontal elevation plane of twelve feet (12') above the present ground level within the boundary of the property described in Parcel A above which is also located below the elevation of the underside of Spring Street Viaduct as presently constructed and which lies between Column Line Number 2 and Column Line Number 3 of said Viaduct, as shown on the plat of survey attaced hereto, incorporated in and by reference made a part of this Amended Lease as Exhibit "1" to this Exhibit "A" and to which plat of survey reference is hereby made for all purposes [the distance between said Column Line Number 2 and Column Line Number 3 being approximately one hundred and four feet (104') as measured at ground level]; and being subject to the rights of the City of Atlanta and the public with respect to the public right-of-way of Spring Street Viaduct. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and founda tions, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. LESS AND EXCEPT FROM THE FOREGOING CONVEYANCE, however, all of the air space contained within two (2) twenty foot THURSDAY, FEBRUARY 14, 1974 2247 (20') wide air strips running southeasterly and northwesterly, which air srtips are located over and above a horizontal elevation plane of twelve feet (12') over and above the present ground level within the boundary of the above described property and which air strips are further located below the elevation of the underside of Spring Street Viaduct as presently constructed between Column Line Number 2 and Column Line Number 3 of said Viaduct, as shown on the aforesaid Exhibit "1" attached hereto and for all purposes made a part hereof, the exact location of said two (2) twenty foot (20') wide air strips to be determined in accordance with the provisions of that certain Agree ment dated as of even date herewith made and entered into by and be tween Lessee and Allright, and recorded in Deed Book ,,--._, Pages _______ ------, of the Records of the Clerk of the Superior Court of Fulton County, Georgia. 2248 JOURNAL OF THE HOUSE, ! i S - ! Si5o:?-S6**a"*S~3d*2s| P*d l4 ulin.udemesnr ettcheodnete leuthdeasgterne V V 41 C C C f-4 fl H iJ U _} J J = V < - ^H t-t ^< ti 4J I 8 8 8 i_ A I ou u (0 t3J O 4J O U O U OO 4J in iJ s ic V <2 S- i'o g- gl %* 4J (0 OOy ! r^t oC *J s j> r-l 4J 4 7 1 H tJJ* O v. C^o J 1 01 -* CO J 1 O Ctn U"* 1 C 0 -H Cr-< tJ X U A *4 0) s 4-1 5531 1s^!'uS'J S i-ol u a> u 4J ' V v V a u M I1 C !L^-O i i in ,t L CBTM ,o3 o. uz Cat^> ,oH o. oz C-* ,oH o' uz CsU ^o^o" oa 4J -U ! CO "4-1 ^J oX c00 O -1 X *aM H Lai 01 -CH CQ ^J Ul ^-1 3 031 3 a t * j ggglifi ^^-H * ftff-- ntt-tft"-t' ia vji-v;.si-'i,--K."M=Hi?ajSa (Miiifiilii C _ 83:!!t8C6ll* !--- ! . I 181 i I '- 9s- IiIHSZ&evICyS&;r;wSlt** THURSDAY, FEBRUARY 14, 1974 2249 !i O : 5 < UJ 'I J UJ in Illll 2250 JOURNAL OF THE HOUSE, TRACT 5 All of the air space over and above a horizontal elevation plane of twenty three feet (23') above the top of any rail of the railroad or above the ground level, whichever is higher, as the same were in existance on January 12, 1960, which lies within the boundary of the following described property. ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the north west line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street a distance of 117.65 feet to a point; run thence north easterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 42.25 feet to a point; run thence north easterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 179 degrees 27 minutes with the last preceding course a distance of 73.3' feet to a point; run thence northwesterly along a line forming an angle of 99 degrees 39 minutes with the last preceding course a distance of 212.9 feet to a point; run thence north westerly along a line forming an angle of 180 degrees 00 minutes with the last preceding course a distance of 338.2 feet to a point on a line be ing coincident with the southeast edge of Spring Street Viaduct; run thence north 40 degrees 40 minutes 30 seconds west a distance of 67.9 feet to THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence north westerly along an arc of a curve (having a chord bearing north 30 degrees 55 minutes west a distance of 486.86 feet and a radius of 1230.465 feet) a distance of 490.1 feet to a point on a line being coincident with the southeast edge of Techwood Viaduct; running thence south westerly along a line being coincident with the southeast edge of Tech wood Viaduct and along an arc of a curve (having a chord bearing south 54 degrees 44 iminutes 30 seconds west a distance of 91.59 feet) a distance of 91.6 feet to a point; running thence southwesterly along a line being coincident with the southeast edge of Techwood Viaduct and along an arc of a curve (having a chord bearing south 62 degrees 45 minutes 30 seconds west a distance of 319.23 feet and a radius of 1469.394 feet) a distance of 319.9 feet to a point; running thence south 06 degrees 54 minutes 30 seconds west along a line forming an interior angle of 124 degrees 09 minutes with the chord of the last preceding course a distance of 104.82 feet to a point; running thence south 12 degrees 15 minutes 30 seconds west along a line forming an interior angle of 185 degrees 21 minutes with the last preceding course a distance of 100.03 feet to a point; running thence south 18 degrees 25 minutes THURSDAY, FEBRUARY 14, 1974 2251 30 seconds west along a line forming an interior angle of 186 degrees 09 minutes 30 seconds with the last preceding course a distance of 77.66 feet to a point; running thence south 18 degrees 58 minutes 30 seconds west along a line forming an interior angle of 180 degrees 33 minutes with the last preceding course a distance of 202.09 feet to a point; running thence south 76 degrees 23 minutes 30 seconds east along a line forming an interior angle of 95 degrees 22 minutes with the last pre ceding course a distance of 616.8 feet to a point on a line bening coin cident with the northwest edge of Spring Street Viaduct; running thence north 18 degrees 45 minutes east along a line being coincident with the northwest edge of Spring Street Viaduct and which forms an interior angle of 95 degrees 08 minutes 30 seconds with the last preceding course a distance of 415.0 'feet to THE POINT OF BE GINNING; being the property designated as "Tract 5" and shown as containing 8.38 acres and 365,825 square feet on that certain Blueprint of Survey, captioned "SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD.", dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blue print of Survey, a copy of which is attached hereto, is for all purposes by this reference incorporated in and made a part of this Amended Lease. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and founda tions, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. TRACT 6 All of the air space over and above a horizontal elevation plane of twelve feet (12') above the present ground level which lies within the boundary of the following described property: ALL that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point) ; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said rightof-way of Alabama Street a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said rightof way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course a distance of 27.51 feet to a point; 2252 JOURNAL OF THE HOUSE, run thence northwesterly along an arc of a curve (having a chord bearing north 53 degrees 07 minutes 30 seconds west a distance of 74.22 feet) a distance of 74.23 feet to a point; run thence north 54 degrees 30 minutes 30 seconds west a distance of 66.08 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 51 degrees 09 minutes west a distance of 88.1 feet) a distance of 88.16 feet to a point; run thence north 47 degrees 47 minutes 30 seconds west a distance of 292.96 feet to a point on a line being coincident with the southeast edge of Spring Street Viaduct; run thence north 47 degrees 47 minutes 30 seconds west a distance of 42.39 feet to a point; run thence northwesterly along an arc of a curve (having a chord bearing north 47 degrees 11 minutes west a distance of 21.89 feet) a distance of 21.9 feet to a point on a line being coincident with the northwest edge of Spring Street Viaduct; run thence northwesterly along an arc of a curve (having a chord bearing north 30 degrees 43 minutes 30 seconds west a distance of 558.72 feet and a radius of 1023.189 feet) a distance of 565.9 feet to a point; run thence north 14 degrees 53 minutes west a distance of 0.5 feet to a point on a line being coincident with the southeast edge of Techwood Viaduct and THE POINT OF BEGINNING; FROM THE TRUE POINT OF BE GINNING AS THUS ESTABLISHED, running thence north 14 degrees 53 minutes west a distance of 79.2 feet to a point on a line being coin cident with the northwest edge of Techwood Viaduct; running thence southwesterly along a line being coincident with the northwest edge of Techwood Viaduct and a long an arc of a curve (having a chord bearing south 61 degrees 21 minutes 30 seconds west a distance of 292,87 feet) a distance of 293.4 feet to a point; running thence south 04 degrees 29 minutes 30 seconds west and along a line which forms an interior angle of 123 degrees 08 minutes with the chord of the last preceding course a distance of 82.50 feet to a point on a line being coincident with the southeast edge of Techwood Viaduct; running thence northeasterly along a line being coincident with the southeast edge of Techwood Viaduct and along an arc of a curve (having a chord bearing north 62 degrees 45 minutes 30 seconds east a distance of 319.23 feet and a radius of 1469.394 feet) a distance of 319.9 feet to THE POINT OF BEGINNING; being the property designated as "Tract 6" and shown as containing 0.52 acres and 22,685 square feet on that certain Blueprint of Survey, captioned "Survey for Consolidated Atlanta Properties, Ltd.", dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which Blueprint of Survey, a copy of which is attached hereto, is for all purposes by this reference incorporated in and made a part of this Amended Lease; and being subject to the rights of the City of Atlanta and the ppublic with respect to the public right-of-way of Techwood Viaduct from the present street surface level of Techwood Viaduct to a parallel elevation not less than sixteen and one-half (16.50 feet above the present street surface level of said Viaduct. Together with so much of the above described land as is necessary for supports and appurtenances for the structures to be constructed within said air space, including necessary supporting piers and founda tions, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below. THURSDAY, FEBRUARY 14, 1974 2253 Compilers Note: THE PLAT ON THE FOLLOWING TWO PAGES HAS BEEN PHOTOGRAPHI CALLY REDUCED AND THEREFORE, THE SCALE SHOULD BE ADJUSTED ACCORDINGLY. FULL SIZE PLAT MAY BE SEEN ON FILE AT THE STATE CAPITOL, ATLANTA, GEORGIA 2254 JOURNAL OF THE HOUSE, CONSOLIDATED XTLAHTX PHOPemE* , WMTTS 4 KOWMIN - tN**V THURSDAY, FEBRUARY 14, 1974 2255 2256 JOURNAL OF THE HOUSE, Exhibit "B" PERMITTED EXCEPTIONS AND ENCUMBRANCES The following matters shall be deemed to be permitted exceptions and encumbrances to and by Lessee. Reference hereinbelow to a par ticular Tract shall mean and refer to that particular Tract as designated and described in Exhibit "A" attached to, incorporated in and by reference made a part of this Amended Lease. 1. Rights of the State Of Georgia and of the Louisville And Nash ville Railroad Company as set forth in that certain unrecorded Lease, including any extension or renewal thereof as provided therein, entered into by and between the State Of Georgia, acting through the State Properties Control Commission, as lessor, and the Louisville And Nashville Railroad Company, as lessee, dated March 4, 1968, which Lease was approved by Resolution Act No. 101 of the General As sembly of the State Of Georgia approved March 4, 1968 (Ga. Laws 1968, pp. 54-112). (Affects Tracts 2, 3, 4-A, 4-B, 5 and 6). 2. Rights of the State Of Georgia and of Allright Parking of Georgia, Inc., as set forth in that certain unrecorded Lease entered into by and bewteen the State Of Georgia, acting through the State Properties Control Commission, as lessor, and Allright Parking of Georgia, Inc., as lessee, dated March 1, 1972, which Lease was approved by Resolution Act No. 102 of the General Assembly of the State Of Georgia approved March 1, 1972 (Ga. Laws 1972, pp. 58-132), except as said Lease is herein amended. (Affects Tracts 2, 3, 4-A, 4-B, 5 and 6). 3. Rights of the State Of Georgia, the City of Atlanta and of the public in and to the Forsyth Street Viaduct as presently constructed pursuant to the consent of the State Of Georgia granted to the City of Atlanta by virtue of two Acts of the General Assembly of the State Of Georgia approved September 24, 1891, and August 19, 1919, respectively (Ga. Laws 1891, Vol. 2, pp. 454, 455, and Ga. Laws 1919, pp. 821, 835). (Affects Tract 2). 4. Rights of the State Of Georiga, the City of Atlanta and of the public in and to the Spring Street Viaduct as presently constructed pursuant to the consent of the State Of Georgia granted to the City of Atlanta by virtue of an Act of the General Assembly of the State Of Georgia approved August 15, 1921 (Ga. Laws 1921, p. 1205). (Af fects Tracts 2, 3, 4-A, 4-B and 5). 5. Rights of the State Of Georgia, the City of Atlanta and of the public in and to the Techwood Viaduct as presently constructed pur suant to an easement granted by the Western and Atlantic Railroad Commission, acting for the State Of Georgia, to the City of Atlanta, dated January 31, 1961, and recorded in Deed Book 3693, Page 125, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, which easement was authorized by an Act of the General As sembly of the State Of Georgia approved March 23, 1960 (Ga. Laws 1960, pp. 1164-1166). (Affects Tracts 5 and 6). THUKSDAY, FEBRUARY 14, 1974 2257 6. A Revocable License Agreement granted or to be granted by the State Properties Control Commission, or its successor, to Georgia Power Company for the installation and construction of an under ground electrical conduit system with one manhole and appurtenances thereto, under and across the following described property: All that tract or parcel of land having an area of 873,375 square feet, lying and being in Land Lot 78, of the 14th District of Pulton County, Georgia, traversing Tract #5 of the property of the State Of Georgia as shown on a plat of survey of said Tract #5 prepared by W. A. Halliday, Georgia Registered Land Surveyor No. 1111 dated September 20, 1971, revised December 17, 1971, and entitled PROPERTY OF STATE OF GEORGIA and being more particularly described as follows: Being a strip of land 2.5 feet in width, the centerline of which begins at a point on the west boundary of said Tract #5, 54.87 feet north of the southwest corner of said Tract; running thence north 48 degrees, 7 minutes, 28 seconds east a distance of 61 feet to a point; thence north 59 degrees 38 minutes east a distance of 21.5 feet to the centerpoint of a manhole, said manhole being a square 12 feet on each side, each side being 6 feet from the said centerpoint and having four interior angles of 90 degrees; from said centerpoint, running thence north 59 degrees 38 minutes east, a distance of 221.25 feet to a point on the east boundary of said Tract #5, said point being 18.07 feet south of the northeast corner of said Tract. Georgia Power Company shall also have the temporary privilege of ingress thereto and egress there from over adjoining land of the State Of Georgia for the purpose of bringing in construction equipment for use on the above-described property. Georgia Power Company shall further, during the period of construction, have the privilege of occupying a strip of land of twelve (12) feet in width, being six (6) feet on either side of the centerline of the above-described property. Thereafter, Georgia Power Company shall retain only sufficient privilege of ingress and egress as is neces sary to permit individual workmen to reach the manhole to be con structed and implaced on the above-described property. (Affects Tract 6). 7. Rights, if any, pursuant to any utiliary easements in favor of the City of Atlanta; Fulton County, Georgia; Georgia Power Company; Southern Bell Telephone & Telegraph Company; Atlanta Gas Light Company, and others, which utility easements might be contended to have been derived from the use of the Property by the holder of such utility easements for a period of time sufficient for such utility ease ments to become effective (Affects Tracts 2, 3, 4-A, 4-B, 5 and 6). 8. Rights, if any, of the City of Atlanta and of the public in and to Fairlie Street. (Affects Tracts 2 and 3). 9. Rights, if any, of the City of Atlanta and of the public in and to Wall Street as the same presently exists. (Affects Tracts 2, 3 and 5). 10. Rights, if any, of the City of Atlanta, in and to and by virtue of a certain easement for a 48-inch concrete pipe granted by Nashville, Chattanooga & St. Louis Railway to City of Atlanta, dated September 17, 1936, recorded in Deed Book 1622, page 278, aforesaid records. 2258 JOURNAL OF THE HOUSE, The Speaker resolved the House into a Committee of the Whole for the purpose of considering HR 634-1893, designating Mr. Colwell of the 4th as Chairman thereof. The Speaker called the House to order. The Committee of the Whole arose and through its Chairman reported HR 634-1893 back to the House with the recommendation that the same Do Pass. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. Adams, G. D. Adams, J. H. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bailey Beckham Bennett Berlin Berry Bohannon Bond Brantley, H. H. 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, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dickey Dixon Dollar Dorminy Duke Edwards Egan Elliott Ellis Evans Ezzard Farrar Floyd, J. H. Foster Fraser Geisinger Gignilliat Grantham Greer Groover Hamilton Harden Harrington Harris, J. F. Harris, J. R. Harrison Hatcher Hawes Hays Horton, G. T. Howard Howell Hudson Hutchinson Irvin, J. Irvin, R. Irwin Jessup Johnson Jones Jordan Knight Kreeger Lambert Lane, Dick Lane, W. J. THURSDAY, FEBRUARY 14, 1974 225!) 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 Morgan Moyer Mullinax Nessmith Nix Noble Northcutt Oxford Patten, R. L. Patterson Pearce Pinkston Reaves Ritchie Roach Rogers Ross Rush Russell, J. Russell, W. B. Sams Savage Shanahan Smith, J. R. Smith, V. B. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tucker Turner Twiggs Vaughn Waddle Walker Wamble Ware Wheeler, J. A. Whitmire Williams Willis Wilson, J. M. Wilson, M. L. Wood Those voting in the negative were Messrs. Karrh King Odom Those not voting were Messrs.: Blackshear Bostick Brantley, H. L. Clark Coleman Dent Floyd, L. R. Grahl Hill, B. L. Hill, G. Horton, W. L. Keyton McCracken McDonald Mulherin Patten, G. C. Peters Wall Petro Phillips, G. S. Phillips, L. L. Rainey Shepherd Thomason Wheeler, Bobby Mr. Speaker On the adoption of the Resolution, the ayes were 151, nays 4. The Resolution, having received the requisite constitutional majority, was adopted. By unanimous consent, HR 634-1893 was ordered immediately transmitted to the Senate. 2260 JOURNAL OF THE HOUSE, Under the general, order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1726. By Mr. Knight of the 65th, Mrs. Clark of the 55th, Messrs. Alexander of the 39th, Russell of the 53rd and Bailey of the 68th: A Bill to be entitled an Act to authorize the creation of planning commissions within certain political subdivisions and combinations thereof; and for other purposes. By unanimous consent, further consideration of HB 1726 was postponed until tomorrow, February 15, 1974, immediately after the period of unanimous con sents. HB 1841. By Mr. Egan of the 25th: A Bill to be entitled an Act to amend an Act known as the "Georgia Securities Act of 1973", so as to clarify certain provisions relating to the registration of securities; and for other purposes. By unanimous consent, further consideration of HB 1841 was postponed until tomorrow, February 15, 1974, immediately after the period of unanimous consents. HR 542-1634. By Messrs. Busbee of the 114th and Murphy of the 18th: A RESOLUTION Proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1974; to provide for all matters relative thereto; to provide an effective date; to provide for submission of this Constitution for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA: Section 1. If ratified by the people at the general election in 1974, the following shall be the Constitution of the State of Georgia: CONSTITUTION OF THE STATE OF GEORGIA PREAMBLE To perpetuate the principles of free government, insure justice to THURSDAY, FEBRUARY 14, 1974 2261 all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution. ARTICLE I. BILL OF RIGHTS SECTION I. RIGHTS OF PERSONS Paragraph I. Due Process of Law. No person shall be deprived of life, liberty, or property, except by due process of law. Paragraph II. Freedom of Religion. All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience; and no human authority should, in any case, control or interfere with such right of conscience. Paragraph III. Liberty of Conscience. No inhabitant of this State shall be molested in person or property or prohibited from holding any public office or trust on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the State. Paragraph IV. Liberty of Speech and of the Press. No law shall ever be passed to curtail or restrain the liberty of speech or of the press. Any person, being responsible for the abuse of that liberty, may speak, write, and publish his sentiments on all subjects. Paragraph V. Right to Keep and Bear Arms. The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne. Paragraph VI. Quartering of Troops. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except by the civil magistrate, in such manner as may be provided by law. Paragraph VII. Right to Assembly and Petition. The people have the right to assembly peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance. Paragraph VIII. Attainder; Ex Post Facto and Retroaction Laws, Etc. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts or making irrevocable grant of special privileges or immunities shall be passed. 2262 JOURNAL OF THE HOUSE, Paragraph IX. Libel. In all prosecutions or indictments for libel, the truth may be given in evidence. Paragraph X. Jury in Criminal Cases; New Trials. In all criminal cases, the jury shall be the judges of the law and the facts. The power of the judges to grant new trials in case of conviction is preserved. Paragraph XI. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both. Paragraph XII. Searches, Seizures, and Warrants. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation particularly describing the place or places to be searched and the persons or things to be seized. Paragraph XIII. Rights of Accused. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury. Paragraph XIV. Habeas Corpus. The writ of habeas corpus shall not be suspended. Paragraph XV. Crimination of Self. No person shall be compelled to give testimony tending in any manner to criminate himself. Paragraph XVI. Bail; Fines; Punishment; Arrest; Abuse of Prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison. Paragraph XVII. Double Jeopardy. No person shall be put in jeopardy of life or liberty more than once for the same offense, save on his or her own motion for a new trial after conviction, or in case of mistrial. Paragraph XVIII. Treason. Treason against the State of Georgia shall consist in levying war against her, adhering to her enemies, or giving them aid and comfort. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act or confession in open court. Paragraph XIX. Effect of Conviction. No conviction shall work corruption of blood or forfeiture of estate. THURSDAY, FEBRUARY 14, 1974 2263 Paragraph XX. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State nor whipping, as a punishment for crime, shall be allowed. Paragraph XXI. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof. Paragraph XXII. Imprisonment for Debt. There shall be no im prisonment for debt. Paragraph XXIII. Costs. No person shall be compelled to pay costs except after conviction on final trial. Paragraph XXIV. Status of the Citizen. The social status of the citizen shall never be the subject of legislation. Paragraph XXV. Homestead and Exemptions. The real property or the personal property, or both, of every head of a family, or guardian or trustee of a family of minor children, or every aged or infirm person, or person who has the care and support of dependent females of any age but who is not the head of a family, to the value in the aggregate of sixteen hundred dollars is hereby exempt from levy and sale by virtue of any process whatever under the laws of this State. The General Assembly shall have authority to provide the manner of exempting said property, the sale, alienation, and encum brance thereof, and to provide for the waiver of said exemption by the debtor. The laws now in force with respect to homestead and exemptions shall remain in full force until changed by law. Paragraph XXVI. Wife's Separate Estate. All property of the wife at the time of her marriage and all property given to, inherited, or acquired by her shall remain her separate property and not be liable for the debts of her husband. Paragraph XXVII. Enumeration of Rights not Denial of Others. The enumeration of rights herein contained as a part of this Constitu tion shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed. SECTION II. ORIGIN AND STRUCTURE OF GOVERNMENT Paragraph I. Origin and Foundation of Government. All govern ment, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them. Paragraph II. State Rights. The people of this State have the 2264 JOURNAL OF THE HOUSE, inherent, sole and exclusive right to regulate their internal government, and the police thereof, and to alter and abolish their Constitution when ever it may be necessary to their safety and happiness. Paragraph III. Protection the Duty of Government. Protection to person and property is the paramount duty of government and shall be impartial and complete. Paragraph IV. Legislative, Judicial, and Executive Powers Separate. The legislative, judicial, and executive powers shall forever remain separate and distinct. No person discharging the duties of one branch shall, at the same time, exercise the functions of either of the others, except as herein provided. Paragraph V. Civil Authority Superior to Military. The civil authority shall be superior to the military. Paragraph VI. Contempts. The power of the courts to punish for contempt shall be limited by legislative acts. Paragraph VII. General Laws; Uniform Operations; How Varied. Laws of a general nature shall have uniform operation throughout the State, and no special law shall be enacted in any case for which pro vision has been made by an existing general law. No general law affecting private rights shall be varied in any particular case by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract is capable of such consent. Paragraph VIII. Unconstitutional Acts Void. Legislative acts in violation of this Constitution or of the Constitution of the United States are void, and the judiciary shall so declare them. Paragraph IX. Protection of Citizens. All citizens of the United States, resident in this State, are hereby declared citizens of this State. It shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges, and immunities due to such citizenship. Paragraph X. Appropriations to Churches, Sects, Etc. No money shall ever be taken from the State funds, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution. Paragraph XI. Lotteries. All lotteries and the sale of lottery tickets are hereby prohibited. This prohibition shall be enforced by penal laws. Paragraph XII. Lobbying. Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties. Paragraph XIII. Fraud; Concealment of Property. The General Assembly shall have the power to provide for the punishment of fraud THURSDAY, FEBRUARY 14, 1974 2265 and shall provide by law for reaching property of the debtor concealed from the creditor. SECTION III. GENERAL PROVISIONS Paragraph I. Private Ways; Just Compensation. In case of neces sity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken or damaged for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State and the counties and the municipal corporations of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law. Such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly by law may require the condemnor to make prepayment against adequate compensation as a con dition precedent to the exercise of the right of eminent domain and may provide for the disbursement of the same to the end that the rights and equities of the property owner, lien holders, and the State and its subdivisions may be protected. Paragraph II. Relocation Assistance; Land Acquisition Policies, Practices and Expenses. Notwithstanding any other provision of this Constitution, the General Assembly of the State of Georgia by law may require the State and State agencies and institutions, and counties, municipalities, school districts, political subdivisions, public authorities, public agencies, pubic corporations and public instrumentalities created under this Constitution or the laws of this State: (1) to provide relocation assistance and payments to persons displaced by public projects or programs undertaken or sponsored by the foregoing public entities including, without limitation, all of those relocation assistances and payments which Section 210 of that certain Act of 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) requires to be made or furnished to displaced persons by such public entities in order that federal financial assistance can be made available to such public entities with respect to the public projects or programs causing such displace ments; and (2) 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 acquisition of real proprty for public projects or programs, such policies, practices, payments and reimbursements to include, without limitation, those 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 the foregoing public entities establish and implement or pay and reimburse, as the case may be, in acquiring real property for a public project or program in order that federal financial assistance can be made available to such public entities with respect to public projects or programs. The providing of all relocation assistances and payments and, in connection with the acquisition of real property for public 2266 JOURNAL OF THE HOUSE, projects or programs, the establishing of all policies and practices and the paying or reimbursing of all necessary expenses are declared to be necessary, among other reasons, in order to avoid the loss of large sums of money which will otherwise be made available to the foregoing public entities as financial assistance by the United States of America and shall constitute governmental functions undertaken for public pur poses, and the powers of taxation may be exercised and public funds expended in furtherance thereof. Paragraph III. Tidewater Titles Confirmed. The Act of the Gen eral Assembly approved December 16, 1902, which extends the title of ownership of lands abutting in tidal water to low water mark, is hereby ratified and confirmed. ARTICLE II. ELECTIVE FRANCHISE SECTION I. QUALIFICATIONS AND DISABILITIES OF ELECTORS Paragraph I. Elections by Ballot; Registration of Voters. Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the require ments of law. Paragraph II. Electors. Every citizen of this State and of the United States who is registered as provided by law shall be an elector in this State if he possesses the following qualifications: (1) will be eighteen years old or older as of the date of the election occurring next after his registration; (2) has been a resident in the State for the period prescribed by law; and (3) is of good character and understands the duties and obligations of citizenship under a republican form of government, or can correctly read in the English language any para graph of the Constitution of the United States or of this State and correctly write the same in the English language when read to him by a registrar, or, if unable to comply with the preceding requirement because of physical disability, can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read to him by a registrar. Paragraph III. Electors Disfranchised. The following classes of persons shall not be electors and shall not be entitled to vote or hold any office or appointment of honor or trust in this State: (1) those who have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the peni tentiary, unless such persons shall have been pardoned; or (2) those who have been adjudicated to be an idiot or insane person. No member of the armed forces of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State. THURSDAY, FEBRUARY 14, 1974 2267 SECTION II. REGISTRATION REQUIREMENTS AND APPEALS Paragraph I. Registration; Residence Requirements. The General Assembly may provide, from time to time, for the registration of all electors and shall provide by law for the durational residence require ments necessary to register and vote at any election by the people except that no person shall be entitled to register and vote unless he shall have resided in the State at least 30 days immediately preceding the election at which he seeks to vote. Paragraph II. Appeal from Decision of Registrars. Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the third qualification set forth in Paragraph II of Section I herein, shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under that qualification. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of and shall be returned by the registrars to the office of the clerk of the superior court to be tried as other appeals. Paragraph III. Judgment of Force Pending Appeal. Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force. SECTION III. GENERAL PROVISIONS Paragraph I. Privilege of Electors from Arrest. In all cases except for treason, felony, larceny and breach of the peace, electors shall be privileged from arrest during their attendance on elections and in going to and returning from the same. Paragraph II. Holder of Public Funds. No person who is the holder of any public money contrary to law shall be eligible to any office in this State until the same is accounted for and paid into the funds of the State. Paragraph III. Write-in Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given 20 or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: in a State general election, to the Secretary of State and by publication in a paper of gen eral circulation in the State; in a general election of county officers, to the ordinary of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal gen eral election, to the mayor or similar officer thereof and by publication in the official newspaper of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State. 2268 JOURNAL OF THE HOUSE, Paragraph IV. Returns Made to Whom. Returns of election for all civil officers who are elected by the people and who are to be com missioned by the Governor, and also for members of the General As sembly, shall be made to the Secretary of State, unless otherwise pro vided by law. Paragraph V. Sale of Liquors on Election Days. The General As sembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in that area and shall prescribe punishment for any violation of the same. ARTICLE III. LEGISLATIVE BRANCH SECTION I. LEGISLATIVE POWER, WHERE VESTED Paragraph I. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives. SENATE II. SENATORIAL DISTRICTS Paragraph I. Apportionment of Senate. The Senate shall consist of not less than 54 and not more than 56 members. Each Senator shall be elected from and represent one Senatorial District. The General As sembly may create, rearrange, and change Senatorial Districts as it deems proper. If necessary, the apportionment of the Senate shall be changed by the General Assembly after each United States decennial census becomes official. Paragraph II. Qualifications of Senators. The Senators shall be citizens of the United States who have attained the age of 25 years and who shall have been citizens of this State for four years and residents of the district from which elected for one year. SECTION III. REPRESENTATIVE DISTRICTS Paragraph I. Apportionment of the House of Representatives. The House of Representatives shall consist of members elected from and apportioned among the Representative Districts of the State. The Gen eral Assembly may create, rearrange, and change Representative Dis tricts as it deems proper. If necessary, the apportionment of the House shall be changed by the General Assembly at its first session after each United States decennial census becomes official. THURSDAY, FEBRUARY 14, 1974 2269 Paragraph II. Qualifications of Representatives. The Representa tives shall be citizens of the United States who have attained the age of 21 years and who shall have been citizens of this State for two years and residents of the district from which elected for one year. SECTION IV. OFFICERS OF THE GENERAL ASSEMBLY Paragraph I. President of the Senate. The presiding officer of the Senate shall be styled the President of the Senate. Paragraph II. Speaker of the House of Representatives. The pre siding officer of the House of Representatives shall be styled the Speaker of the House of Representatives and shall be elected viva voce from the body. Paragraph III. Officers and Employees. In addition to the Presi dent of the Senate and the Speaker of the House, the officers of the two houses shall be a President Pro Tempore and a Secretary of the Senate, a Speaker Pro Tempore and a Clerk of the House of Representatives, and such assistants as each house may provide. The President Pro Tem pore of the Senate shall be elected viva voce from the Senators and shall act in case of the death, resignation, or disability of the President, or succession of the President to the executive power. SECTION V. GENERAL ASSEMBLY; ORGANIZATION AND PROCEDURE Paragraph I. Term of Members. The members of the General As sembly shall be elected for two years. Each member shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of such member's term of office. Paragraph II. Election and Seating of Members. Elections for members of the General Assembly shall take place on the Tuesday after the first Monday in November of each even-numbered year unless such day of election is changed by law. Each house shall be the judge of the election, returns, and qualifications of its members. Paragraph III. Oath of Members. Before taking his seat, each Sen ator and Representative shall take the following oath or affirmation, to wit: "I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State." Paragraph IV. Meeting; Time Limit; Adjournment. The General Assembly shall meet in regular session on the second Monday in January of each year. During the terms for which members were elected, the General Assembly shall remain in regular session no longer than 45 days 2270 JOURNAL OF THE HOUSE, in the aggregate in each year. By concurrent resolution adopted by a majority of members elected to both houses of the General Assembly, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session. All business pend ing in the Senate or House at the adjournment of any regular session may be considered at any regular session of the same General Assembly as if there had been on adjournment. Nothing herein shall be construed to affect either the power of the Governor to convoke the General As sembly in extraordinary session, as provided in Article V, Section II, Paragraph VIII, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives, as provided in Paragraph XIV of this Section. Paragraph V. Quorum. A majority of each house shall constitute a quorum to transact business, but a smaller number may adjourn from day to day and compel the presence of its absent members as each house may provide. Paragraph VI. Adjournment. Except as otherwise provided in this Constitution, neither house shall adjourn for more than three days or to any other place without the consent of the other. In case of disagree ment between the two houses on a question of adjournment, the Governor may adjourn either or both of them. Paragraph VII. Eligibility. Appointments Forbidden. No person who holds a military commission or other appointment or who holds an office having any emolument or compensation annexed thereto under this State or the United States except justices of the peace and officers of the militia, and no person who is a defaulter for public money, or for any legal taxes required of him shall have a seat in either house. During the time for which he shall have been elected, unless he shall first resign his seat, no Senator or Representative shall be elected by the General Assembly or appointed by the Governor, either with or without the ad vice and consent of the Senate, to any office or appointment having any emolument annexed thereto. During the term for which he is elected, no Senator or Representative shall be appointed to any civil office which is created during his term. Paragraph VIII. Effect of Removal from District. The seat of a member of either house shall be vacant upon changing his legal residence from the Representative or Senatorial district from which he was elected. Paragraph IX. Compensation and Allowances. The members of the General Assembly shall receive such compensation and allowances as may be prescribed by law. Paragraph X. Elections by the General Assembly. All elections by the General Assembly shall be viva voce, and the vote shall appear on the Journal of the House of Representatives. When the Senate and the House of Representatives unite for the purpose of election, they shall meet in the Representative Hall and the President of the Senate shall preside and declare the results in such cases. THURSDAY, FEBRUARY 14, 1974 2271 Paragraph XL Disorderly Conduct; Punishment. Each house shall have power to punish its members for disorderly conduct or misconduct by censure, fine, imprisonment, or expulsion; however, no member shall be expelled except by the affirmative vote of two-thirds of the entire membership of the house to which he belongs. Paragraph XII. Contempts, how Punished. Each house may punish by imprisonment, not extending beyond the session, any person not a member who shall be guilty of a contempt by any disorderly behavior in its presence or who shall rescue or attempt to rescue any person arrested by order of either house. Paragraph XIII. Privilege of Members. Except for treason, felony, larceny, or breach of the peace, the members of both houses shall be free from arrest during sessions of the General Assembly and in going there to or returning therefrom. No member shall be liable to answer in any other place for anything spoken in debate in either house. Paragraph XIV. Extraordinary Sessions. It shall be mandatory upon the Governor to convoke the General Assembly in extraordinary session for all purposes whenever three-fifths of the members elected to each house certify to him that, in their opinion, an emergency exists in the affairs of the State. Should the Governor fail to do so within five days, Sundays excluded, after receipt of such certification, the Gen eral Assembly may convene itself in extraordinary session for all pur poses as if convened in regular session. The Governor may convoke the General Assembly in extraordinary session as provided in Article V, Section II, Paragraph VIII. An extraordinary session convoked by the Governor shall not exceed 70 days in length, and an extraordinary ses sion convened by the General Assembly itself shall not exceed 30 days in length. During such extraordinary session, the members of the Gen eral Assembly shall receive the same allowances as provided by law during a regular session. SECTION VI. IMPEACHMENTS Paragraph I. Power to Impeach. The House of Representatives shall have the sole power to vote impeachment charges against any per son who may be in office. Paragraph II. Trial of Impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the mem bers shall be on oath or affirmation and shall be presided over by the Chief Justice or the Presiding Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without the con currence of two-thirds of the members present. Paragraph III. Judgments in Impeachments. In case of impeach ment, judgments shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit 2272 JOURNAL OF THE HOUSE, within this State; but the party convicted nevertheless shall be liable and subject to indictment, trial, judgment, and punishment according to law. Paragraph IV. Continuation of Session. If any impeachment trial is pending at the end of any regular or extraordinary session, the Gen eral Assembly may continue in session until such trial is completed. SECTION VII. ENACTMENT OF LAWS Paragraph I. Journals and Acts. Each house shall keep a journal of its proceedings and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed during each session. After publication, the original journal shall be preserved in the office of the Secretary of State, but there shall be no other record thereof. Paragraph II. Bills to Be Read. Except in cases of actual invasion or insurrection, every bill shall be read three times and on three sepa rate days in each house before it shall pass. The first and second reading of each local bill shall consist of the reading of the title only unless the bill is ordered to be engrossed. Paragraph III. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter or contains matter differ ent from what is expressed in the title thereof. Paragraph IV. Yeas and Nays, When Entered. The yeas and nays on any question shall be entered on the journal at the desire of one-fifth of the members present and whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or reso lution. Paragraph V. Majority of Members to Pass Bill. No bill shall become law unless it shall receive a majority of the votes of all the members elected to each house of the General Assembly, and in every instance such vote shall so appear on the journal. Paragraph VI. Notice of Intention to Introduce Local Legislation. No local or special bill shall be passed unless notice of the intention to introduce such bill has been published once a week for three weeks during a period of 60 days immediately preceding its introduction into the General Assembly. The notice shall be published in the newspaper in which the sheriff's advertisements for the locality affected are pub lished. No local or special bill shall become law unless there is attached to and made a part of the bill a copy of the notice certified by the publisher or accompanied by an affidavit of the author to the effect that the notice has been published as provided by law. Paragraph VII. Acts Signed; Rejected Bills. All acts shall be signed by the President of the Senate and the Speaker of the House of THURSDAY, FEBRUARY 14, 1974 2273 Representatives. Any bill or resolution intended to have the effect of law, which shall have been rejected by either house, shall not be again pro posed during the same session under the same or any other title without the consent of two-thirds of the house by which the same was rejected. Paragraph VIII. Signature of Governor. No provision in this Con stitution for a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Gov ernor as in any other case, except in the case of the two-thirds vote required to override the veto, to submit constitutional amendments, and in case of prolongation of a session of the General Assembly. Paragraph IX. Statutes and Sections of Code, how Amended. No law or section of the code shall be amended or repealed by mere reference to its title or to the number of the section of the code, but the amending or repealing act shall distinctly describe the law to be amended or repealed as well as the alteration to be made. SECTION VIII. GENERAL ASSEMBLY; EXERCISE OF POWERS Paragraph I. Powers of the General Assembly. The General As sembly shall have the power to make all laws consistent with this Con stitution and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State. Paragraph II. Right of Eminent Domain. The exercise of the right of eminent domain shall never be abridged nor construed so as to pre vent the General Assembly from taking property and franchises and subjecting them to public use. Paragraph III. Police Power. The exercise of the police power of the State shall never be abridged nor construed so as to permit the conduct of business in such manner as to infringe the equal rights of others or the general well-being of the State. Paragraph IV. Salaries of Elective Officials. By a majority vote of both branches, the General Assembly may at any time prescribe other and different salaries for all of the elective officers provided for in this Constitution; but no such change shall diminish the amount of any salary set forth in this Constitution. Paragraph V. Suspension of Officers. The General Assembly shall have authority to provide by law for the suspension of any constitutional officer or department head from the discharge of the duties of his office and also for the appointment of a suitable person to discharge the duties of the same. Paragraph VI. Filling of Unexpired Terms. The General Assembly shall have power to provide by law for filling an unexpired term of any public office by special election except as provided in this Constitution. 2274 JOURNAL OF THE HOUSE, Paragraph VII. Abolishment of Elective Offices. No elective office shall be abolished nor the term of such office shortened or lengthened by local or special act during the term for which a person was elected un less the act be approved in a referendum by the people of the jurisdiction affected. When any local law shall add any member or members to any municipal or county governing authority whose members are elected by the people, such local law must provide that the member or members so added must be elected by the qualified voters of the political sub division affected under such rules as the General Assembly may provide in said law. Paragraph VIII. Change of Election Precincts; how Granted. The General Assembly shall have no power to make or change election pre cincts but it shall provide by law for the manner in which such power shall be exercised by the courts. Paragraph IX. Change of Name; how Granted. The General As sembly shall have no power to change the names of any persons but it shall provide by law for the manner in which such power shall be exercised by the Superior Courts. Paragraph X. Recognizances. The General Assembly shall have no power to relieve principals of sureties upon forfeited recognizances from the payment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers. Paragraph XL Charters Reviewed or Amended. Subject to Consti tution. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, alter or amend the same, or pass any other general or special law for the benefit of any corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution. Every amendment of any charter of any corporation in this State or any special law for its ben efit accepted thereby shall operate as a novation of that charter and shall bring the same under the provisions of this Constitution. Paragraph XII. Corporate Powers, how Granted. The General As sembly shall have no power to grant corporate powers and privileges to private companies, but it shall provide by law the manner in which such powers shall be exercised by the courts. The General Assembly may confer this authority to grant corporate powers and privileges to private companies to the Judges of the Superior Courts in vacation. The Secretary of State shall issue and grant all corporate powers and privi leges to banking, trust, insurance, railroad, canal, navigation, express, and telegraph companies in such manner as shall be prescribed by law. The General Assembly shall provide by law how such charters shall be issued and granted in the event the Secretary of State should be dis qualified to act in any case. Paragraph XIII. Contracts to Defeat Competition. All contracts and agreements which may have the effect or be intended to have the effect of defeating or lessening competition or of encouraging monopoly shall be illegal and void. The General Assembly shall have no power to THURSDAY, FEBRUARY 14, 1974 2275 authorize any such contract or agreement and shall enforce the provi sions of this Paragraph by appropriate legislation. Paragraph XIV. Public Utility Tariffs and Charges, (a) The General Assembly is authorized to pass laws regulating railroad freight and passenger tariffs and charges of public utilities for their services, preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and charges of public utilities. It shall be the duty of the General Assembly to pass laws, from time to time, to regulate such tariffs and charges, to prohibit unjust discrimina tions by the various railroads and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties. Nevertheless, the authority of the General Assembly shall never be exer cised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipal corporation of this State except as provided in this Constitution. (b) No public utility company shall give or pay any rebate or bonus in the nature thereof, directly or indirectly, and any such payments shall be illegal and void. Nor shall any public utility company do any act to mislead or deceive the public as to the real rates charged or re ceived for freight or passage or services furnished. These prohibitions shall be enforced by suitable penalties. Paragraph XV. Street Railways. The General Assembly shall not authorize the construction of any street passenger railway within the limits of any incorporated town or city without the consent of the corpo rate authorities. Paragraph XVI. Gratuities; Exceptions. The General Assembly shall not by vote, resolution, or order grant any donation or gratuity in favor of any person, corporation, or association. The General Assembly shall not grant or authorize extra compensation to any public officer, agent, or contractor after the service has been rendered or the contract entered into. 1. The General Assembly is authorized to provide by law for the payment of $250,000.00 to the first person, firm, or corporation, or com bination thereof, which puts down and brings in the first commercial oil well in this State. Such well must produce at least 100 barrels of oil per day, and the determination as to whether such well is producing this amount is vested in the Commissioner of the Department of Natural Re sources. The General Assembly by law shall provide for the distribution of the payment among the company or individual who drills or causes to be drilled the well, the contractor who furnishes the equipment, the workmen and employees actually engaged in the job, and the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment by the Governor. 2. The General Assembly is authorized to provide by law for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes. The General Assembly is authorized to provide in such law the 2276 JOURNAL OF THE HOUSE, procedure for determining the amount of funds and all other matters relative to any such grant. 3. The General Assembly is authorized to provide by law for the indemnification with respect to death, personal injury, or property dam age sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the purposes herein provided. The General Assembly is authorized to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this Subparagraph. 4. In order to make Georgia competitive with other states in se curing new business, industry, and tourism, the Department of Com munity Development is authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the depart ment to discuss the location or development of new business, industry, or tourism within the State. All such expenditures shall be verified by vouchers showing the date, place, purpose, and persons for whom such expenditures were made. The State Auditor shall conduct an audit of such expenditures at least every six months. 5. The General Assembly is authorized to provide by law for the granting of State funds to the municipal corporations of Georgia in such manner and form and under such procedure as the General Assembly may prescribe. The General Assembly is also authorized, but not directed, to provide the purpose or purposes for which such funds may be ex pended by the municipal corporations. The General Assembly is autho rized to exercise the power of taxation over the entire State in order to carry out the provisions of this Subparagraph. SECTION IX. INSURANCE REGULATION Paragraph I. Regulation of Insurance. The General Assembly shall enact laws to compel all fire insurance companies doing business in this State, whether chartered by this State or otherwise, to deposit reasonable securities with the State to secure the people against loss by the operaions of such companies. The General Assembly shall compel all insurance companies in this State or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same at their own expense, for the information and protection of the people. Paragraph II. Nonresident Insurance Companies. All life insurance companies which are chartered by other States of the Union or by foreign states which now do business in this State or which may desire to establish agencies and do business in this State shall show that they have deposited as a guarantee fund for the security of policyholders not less than $100,000.00 with the Comptroller General of the State in which THURSDAY, FEBRUARY 14, 1974 2277 they are chartered or with the Insurance Commissioner of this State or with such other officer as may be authorized to receive it. Subject to such officer's order, the guarantee fund shall be in such securities as may be deemed equivalent to cash. Paragraph III. License by Comptroller General. When such show ing is made to the Comptroller General of the State of Georgia by a proper certificate from the State officials having charge of the funds so deposited, the Comptroller General of the State of Georgia is authorized to issue a license to do business in this State to the company making such showing, upon its paying the fees required by law. Paragraph IV. Resident Insurance Companies; Guarantee Fund. Before doing business in this State, all life insurance companies chartered by the State shall deposit with the Comptroller General of the State of Georgia or with some strong corporation which may be approved by him $100,000.00, in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policyholders of the company making such deposit. All interest and dividends from such securities are to be paid when due to the com pany so depositing. Any such securities as may be needed or desired by the company may be taken from the guarantee fund at any time by replacing them with other securities, equally acceptable to the Comp troller General whose certificate for the same shall be furnished to the company. SECTION X. REVENUE BILLS Paragraph I. Bills for Revenue. All bills for raising revenue or appropriating money shall originate in the House of Representatives, but the Senate may propose or concur in amendments as in other bills. Paragraph II. Public Money, how Drawn. No money shall be drawn from the funds of the State except by appropriation made by law. Paragraph III. Bills Appropriating Money. No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays in each house are recorded. SECTION XI. Paragraph 1. Preparation, Submission and Enactments of General Appropriations Bill, (a) Within five days after its convening in regular session each year, the Governor shall submit to the General Assembly a budget message and a budget report, accompanied by a draft of a Gen eral Appropriations Bill. The bill shall be in such form and manner as may be prescribed by statute and shall provide for the appropriation of the funds necessary to operate all the various departments and agencies and to meet the current expenses of the State for the next fiscal year. (b) The General Assembly shall annually appropriate the funds 2278 JOURNAL OF THE HOUSE, necessary to operate all the various departments and agencies and to meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall commence July 1 of each calendar year and terminate June 30 of the subsequent year. (c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State. (d) The General Appropriations Bill shall embrace nothing except appropriations fixed by previous laws; the ordinary expenses of the Executive, Legislative, and Judicial departments of the Government; payment of the public debt and interest thereon; and support of the public institutions and educational interest of the State. All other appro priations shall be made by separate bills, each embracing but one subject. Paragraph II. General Appropriation Act. (a) Each General Ap propriation Act, now of force or hereafter adopted, with such amend ments as are adopted from time to time shall continue in force and effect for the next fiscal year after adoption. It shall then expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of federal grants. (b) The General Assembly shall not appropriate funds for any given fiscal year which, in the aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the funds of the State at the beginning of the fiscal year, together with an amount not greater than the total State fund receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the budget report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Para graph III of this Article and Section. In no event shall a Supplementary Appropriations Act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations act was adopted and approved. (c) Except for the mandatory appropriations required by this Con stitution, all appropriated funds remaining unexpended and not con tractually obligated at the expiration of such General Appropriations Act shall lapse. (d) All federal funds received by the State of Georgia are con tinually appropriated in the exact amounts and for the purposes autho rized and directed by the federal government in making the grant. (e) The State, State institutions, and departments and agencies of the State are prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article IX, Section V, Paragraph I (a), which such contract con stitutes security for bonds or other obligations issued by any such public agency, public corporation or authority. The appropriation or expenditure of any funds for the payment of obligations under any such contract is likewise prohibited at any time when the aggregate annual THURSDAY, FEBRUARY 14, 1974 2279 payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15 percent of the total revenue re ceipts, less refunds, of the State fund in the fiscal year immediately preceding the making and entering into of any such contract. This pro vision shall not affect contracts validly entered into prior to its adoption or which conform to this provision at the time the same are hereafter executed. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropri ations Act for the payment of at least one year's rental under such con tract. (f) The General Assembly shall include in each General Appro priations Act in the appropriation payable to each department, agency, or institution of the State, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year under lease contracts now or hereafter entered into pursuant to Article IX, Section V, Paragraph I (a) by and between such depart ment, agency, or institution of the State and any State authority which has been created and activated after November 8, 1960, which lease contracts constitute security for bonds or any other obligations heretofore or hereafter issued by any such authority. In the event that for any reason any such appropriations is not made, the fiscal officers of the State are authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department, agency, or institution of the State to pay the obligations called for under any such lease contract. The amount of the appropriation in each fiscal year to meet such lease contract obligations as authorized hereunder shall be due and payable in each fiscal year to each such department, agency, or institution of the State to be expended for the purpose of paying the lease contract obligations required under the terms and conditions of such lease contracts. The appropriation shall have the same legal status as if the General As sembly had included the amount of the appropriation in a General Appropriations Act. Paragraph III. Other or Supplementary Appropriations. In addi tion to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appro priations by acts, which shall be known as Supplementary Appropriation Acts; provided that no such supplementary appropriation shall be avail able unless there is an unappropriated surplus in the State funds or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State. Neither house shall pass a Supplementary Appropriation Bill until the General Appropriations Act shall have been finally adopted by both houses and approved by the Governor. Paragraph IV. Appropriations to Be for Specific Sums, (a) Ex cept as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency, or institution for which ap propriation is made shall be for a specific sum of money; and no ap propriation shall allocate to any object the proceeds of any particular tax or fund or a part of percentage thereof. 2280 JOURNAL OF THE HOUSE, (b) An amount equal to all money derived from motor fuel taxes received by the State in each of the immediately preceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, is appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties for road construction and maintenance, as provided by law authorizing such grants. This appropriation shall be available for the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act; and the amount need not be specifically stated in any General Appropriations Act passed by the General As sembly in order to be available for such purposes. This provision shall not preclude the General Assembly from appropriating for such pur poses an amount greater than the sum specified above for such purposes. Although the expenditure of such funds shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropri ations by provisions of this Constitution and laws of this State unless such provisiones are in conflict with the provisions of this paragraph, the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea, or air, or in case of a major catastrophe so proclaimed by the Governor, these funds may be utilized for defense or relief purposes on the Execu tive Order of the Governor. Paragraph V. When Appropriations Void. Any appropriation made in conflict with either of the foregoing provisions shall be void. SECTION XII. RETIREMENT SYSTEMS Paragraph I. Teachers Retirement System. The powers of taxation may be exercised by the State through the General Assembly and by counties and municipal corporations for the purpose of paying pensions and other benefits and costs under a teachers retirement system or systems; provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under acts of the General Assembly authorized hereunder. Paragraph II. Employees Retirement System. The General As sembly is authorized to established an actuarially sound retirement system for employees under a merit system. Adequate appropriations shall be provided for the operation of a merit system and the State Personnel Board. Paragraph III. Public School Employees Retirement System. The General Assembly is authorized to provide by law for the creation of an actuarially sound, participating retirement system for all employees of public schools who are not covered by the Teachers Retirement System including, but not limited to, school bus drivers, school lunchroom per sonnel, school maintenance personnel, and school custodial personnel. The General Assembly is further authorized to provide in the act creating such retirement system or in any amendatory acts thereto for the ex- THURSDAY, FEBRUARY 14, 1974 2281 penditure of State funds and the funds of county and independent boards of education in support of such retirement system, in such manner as the General Assembly shall determine. Paragraph IV. Firemen's Pension System. The State, through the General Assembly, and the counties and municipal corporations may exercise the powers of taxation for the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General As sembly for the purposes herein authorized. Paragraph V. Increased Retirement Benefits Authorized, (a) The General Assembly is authorized to provide by law for the increase of retirement or pension benefits of retired persons 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 the General Assembly appropriates funds. The General Assembly shall be authorized to appropriate funds for the purpose of increasing the retirement or pension benefits of such retired persons. (b) The General Assembly is authorized to provide by law for the increase of retirement or other benefits of retired persons who have re tired 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 form erly 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 formerly retired person receive any increased benefits unless all formerly retired persons entitled to receive such increased benefits participate pro rata therein. SECTION XIII. EDUCATIONAL SCHOLARSHIPS, LOANS, AND GRANTS Paragraph I. Authorization. In the discharge of all obligations of the State to provide adequate education for its citizens, the General Assembly may provide by law for grants of State, county, or municipal funds to citizens of the State for educational purposes. The General As sembly is authorized to provide by law for a program or programs of loans, scholarships and grants, and the insuring of loans and payment of interest on loans to citizens of this State for educational purposes. The General Assembly is authorized to provide for all matters relative to such programs. Taxes may be levied and public funds expended for such purposes. Paragraph II. State Medical Education Board, (a) There shall be a State Medical Education Board to consist of five members, one of whom shall be the President of the Medical Association of Georgia, one of whom shall be the immediate past President of the Medical Associ ation of Georgia, and three members who shall be qualified electors of the State of Georgia to be appointed by the Governor. The members of 2282 JOURNAL OF THE HOUSE, the board in office at the time of the ratification of this Constitution shall serve out the remainder of their respective terms. Thereafter, the members of the board shall be appointed by the Governor for four-year terms. Vacancies shall be filled by appointment of the Governor for the unexpired term. (b) The members of the board shall serve without pay but shall be allowed $20.00 per day expenses and traveling expenses of 10$ per mile for attending meetings of the board or in traveling elsewhere in the dis charge of their duties requiring their absence from their respective places of abode, same to be paid upon the approval of the chairman or vice chairman of the board out of any funds made available to the board. All funds made available to the board by act of the legislature for the purpose of defraying expenses of the board and the salaries of its secretary and employees shall be paid over and received by the treasurer of the board and deposited in some solvent bank within the State of Georgia selected by the board. Such funds may be drawn and expended by check or warrant signed by the chairman and attested by the secretary. (c) The board shall elect a chairman and also a vice chairman to serve in the absence or inability of the chairman. The board shall main tain an office at the Medical College of Georgia and shall meet at the office or elsewhere at least once each quarter at such time as may be fixed by the board. Special meetings shall be held upon call of the chair man. Three members of the board shall constitute a quorum for the transaction of business, and the board shall keep full, complete, and permanent minutes and records of all its proceedings and actions. The secretary of the board shall be whoever is serving as the secretary of the Board of Regents. The secretary, whose compensation shall be fixed by the board, shall keep the records and minutes of the proceedings of the board and shall also keep the books, records, and accounts of the board. The secretary shall prepare and countersign all checks, vouchers, and warrants drawn upon the funds of the board, and the same shall be signed by the chairman of the board. The secretary shall also be the treasurer of the board, shall keep an account for all the funds of the board, and shall execute and file with the board a surety bond in the sum of $10,000.00 payable to the State of Georgia. Conditioned upon the secretary's faithful performance of his duties and upon his proper ac counting for all funds coming into his hands as such secretary, the premium on such bond shall be paid out of the funds of the board. The board may employ clerical assistance as is required and needed. (d) It shall be the duty of the board to receive and pass upon, allow or disallow, all applications for loans or scholarships made by students who are bona fide citizens and residents of the State of Geor gia and who desire to become doctors of medicine and who are acceptable for enrollment in a qualified four-year medical school. The purpose of such loans shall be to enable such applicants to obtain a standard fouryear medical education which will qualify them to become licensed, practicing physicians within the State of Georgia. It shall be the duty of the board to make a careful and full investigation of the ability, character, and qualifications of each applicant and determine his fit ness to become the recipient of such loan or scholarship, and for that purpose the board may propound such examination to each applicant THURSDAY, FEBRUARY 14, 1974 2283 which it deems proper. The board may prescribe such rules and regula tions as it deems necessary and proper to carry out the purpose and intention provided herein. The investigation of the applicant shall in clude an investigation of the ability of the applicant, or of the parent of such applicant, to pay his own tuition at such a medical school. The board in granting such loans and scholarships shall give preference to qualified applicants who, or whose parents, are unable to pay the appli cant's tuition at such a medical school. The board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same, a loan or scholarship for the purpose of acquiring a medical education as herein provided for, upon such terms and conditions to be imposed by the board as herein provided. (e) It shall be the duty of the board to contact and make inquiry of such of the four-year medical colleges and schools as it deems proper, as herein provided, and to make such arrangements and enter into such contracts, within the limitations as to cost as herein provided, for the admission of students granted loans or scholarships by the board, such contracts to be approved by the Attorney General of this State. The money obligations of such contract as made by the board with any such colleges shall be paid for out of funds to be provided by law for such purposes. All students granted loans or scholarships shall attend a medi cal school with which the board has entered into a contract or any accredited four-year medical school or college in which the applicant may obtain admission and which is approved by the board. (f) Applicants who are granted loans or scholarships by the board shall receive a loan or scholarship, not to exceed $10,000.00 to any one applicant, to be paid at such time and in such manner as may be de termined by the board. Such loans and scholarships shall be used to de fray the tuition and other expenses of any such applicant in any re sponsible, accepted, and accredited four-year medical college or school in the United States. The loans and scholarships herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical college or school to which any applicant is admitted any such funds as are required by that college or school, with the balance to be paid directly to the applicant, all of which shall be under such terms and conditions as may be provided under rules and regulations of the board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in cash in full with four percent interest from the date of each payment by the State on such loan or scholarship, same to be payable annually. The first annual payment shall be due on or before one year from the date the applicant completes his internship, or same may be repaid to the State of Georgia in services to be rendered by the applicant by practing his profession within the State of Georgia at some place to be approved by the board. One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 10,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census; or at Central State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Human Resources; or at any prison, detention camp, or work camp operated under the jurisdiction of the State Board of Offender Re- 2284 JOURNAL OF THE HOUSE, habilitation. No annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Central State Hospital, Gracewood State School and Hospital, or at any facility oper ated by or under the jurisdiction of the State Department of Human Resources or at any of the above facilities of the State Board of Offender Rehabilitation, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received. After the third full year of practice or service within this State as herein provided, but not before, the applicant shall be privileged, entirely at the discretion of the board, to pay off the balance of the scholarship or loan together with accrued interest thereon, and upon such payment, shall be relieved from further obligations under his contract for loan or scholarship. (g) Before being granted a loan or scholarship each applicant shall enter into a contract with the State of Georgia, agreeing to the terms and conditions upon which the loan or scholarship shall be granted to him. Such contract shall include such terms and provisions as will carry out the full purpose and intent herein provided; and the form thereof shall be prepared and approved by the Attorney General of this State, shall be signed by the chairman of the board, shall be countersigned by the secretary, and shall be signed by the applicant. For the purposes herein, the disabilities of minority of all applicants granted loans or scholarships hereunder shall be and the same are removed, and the appli cants are declared to be of full lawful age for the purpose of entering into the contract hereinabove provided for. Such contract so executed by an applicant is declared to be a valid and binding contract the same as though the applicant were 18 years of age or older. The board is vested with full and complete authority to sue in its own name any appli cant for any balance due the board on any such contract. The board shall have authority to cancel any contract made between it and any applicant for loans or scholarships upon cause deemed sufficient by the board; and the board shall have authority to cancel such contracts which it may lawfully cancel made with any of the colleges or schools as herein provided. (h) All payments of funds for loans or scholarships hereunder shall be made by requisition of the board, signed by the chairman and the secretary, and directed to the auditor of public accounts. The auditor shall thereupon issue a warrant on the funds of the State for the amount fixed in the requisition and payable to the person designated thereon. Upon presentation, the warrant shall be paid from State funds appro priated by the legislature for the purposes provided herein. (i) The board shall make a biennial report to the legislature at each session thereof of its activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those re ceiving the same, the location of the applicants who have received their education and become licensed physicians and surgeons within this State as a result of the loans and/or scholarships, and where they are practicing. The board also shall make a full report of all its expenditures for salaries and expenses incurred hereunder. THURSDAY, FEBRUARY 14, 1974 2285 (j) It is the purpose and intent of this Paragraph to bring about an adequate supply of doctors of medicine in the more sparsely populated areas of the State of Georgia by increasing the number of medical students from Georgia in the various medical schools and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice, their profession, thus affording adequate medical care to the people of Georgia. Paragraph III. State Dental Education Board. There shall be a State Dental Education Board of Georgia which is authorized to grant loans or scholarships to students who are citizens and residents of the State of Georgia and who desires to become dentists. The appointment of members of the State Dental Education Board of Georgia, their qualifications, terms of office, powers, duties, functions and the provi sion of funds to carry out the purposes provided for herein shall be as enacted and appropriated by the General Assembly of the State of Georgia. Paragraph IV. Mental Health Scholarships. The Commissioner of the Department of Human Resources, with the approval of the State Board of Human Resources, is hereby authorized to extend scholarships to physicians and other personnel to take post graduate courses in the various schools and clinics in the United States so as to enable them to be better qualified in the diagnosis, care, and treatment of mental illness. As a prerequisite to the grant of such scholarship, the recipient thereof must agree to actively engage in the practice of his profession in a hospital operated by the State of Georgia, under the supervision of the State of Georgia, or at some place approved by the authority granting the scholarship, on the basis of one year of service for each year of training received. The remedies for the enforcing of service required shall be the same as provided for medical grants and scholarships and such other remedies as may be provided by law. Paragraph V. Board of Regents Scholarships. The Board of Re gents of the University System of Georgia shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary to obtain an education, such scholarships as are neces sary for them to complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading to the degree of Doctor of Medicine. The terms and conditions thereof shall be prescribed and regulated by the Board of Regents but shall in clude the condition that recipients of such scholarships shall, upon the completion of their programs of study, reside in the State of Georgia and engage in activities for which they were prepared through the scholarships for a period of one year for each $1,000.00 received. The General Assembly shall appropriate such funds to the Board of Regents of the University System of Georgia as it sees fit in order to carry out the purposes of this Paragraph. It shall be the duty of the Board of Regents to receive and pass upon, allow or disallow, all applications, for scholarships; to contract, increase, decrease, terminate, and other wise regulate all grants for scholarships; and to manage, operate, and control all funds appropriated for this purpose. 2286 JOURNAL OF THE HOUSE, Paragraph VI. Scholarships for Prospective Teachers. The State Board of Education shall have the authority to grant to all citizens who are interested in becoming teachers and who are bona fide residents of the State of Georgia such scholarships as are necessary for them to complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by the State Board of Education but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, teach in the public schools of Georgia for a period of one year for each $1,000.00 received, and also include the further condition that, in any event, any person using any such scholarship shall teach in the public schools of Georgia for at least three years. It shall be the duty of the State Board of Education to receive and pass upon, allow or disallow, all applications for scholarships for teachers; to contract, increase, de crease, terminate, and otherwise regulate all grants for scholarships; and to manage, operate, and control all funds appropriated for this purpose. The General Assembly shall have the authority to appropriate such funds to the State Board of Education as it deems wise and proper to carry out the purposes of this Paragraph. Paragraph VII. State Scholarship Commission. The General As sembly is authorized to provide by law a State Scholarship Commission which shall have the power to activate, inaugurate, and conduct a pro gram to provide for the granting of scholarships to students desiring to study courses in the para-medical, professional, or educational fields. The General Assembly is authorized to provide for the powers, duties, jurisdiction, and composition of any such commission. The General As sembly is authorized to provide for all other matters relative to the pur poses provided for herein. Paragraph VIII. State Participation in Federal Educational Pro grams. The General Assembly is authorized to appropriate funds to any State department or other State agency for the purpose of obtaining funds from the federal government for educational scholarships, edu cational loans, and other educational purposes. All such State depart ments and other State agencies shall be authorized to use the funds so appropriated and the funds received from the federal government for the purposes authorized and directed by the federal government in making such funds available. Paragraph IX. Scholarships Financed from State Agency Funds. State departments and agencies of the State government of Georgia shall have the authority to disburse State funds to match federal funds in order to provide qualified employees with educational scholarships and to use in other federal education programs; but personnel to whom the scholarships are extended must, as a prerequisite thereto, agree to work for the department or agency granting the scholarships for at least one year for each year spent in study or refund the money received for such scholarships pro rata. The terms and conditions thereof shall be prescribed and regulated by the various departments and agencies grant ing the scholarships. No additional appropriation shall be made by the General Assembly to finance such scholarships, but the same shall be financed from the regular appropriations to the various State depart ments and State agencies. It shall be the duty of the various State de partments and State agencies to receive and pass upon, allow or dis- THURSDAY, FEBRUARY 14, 1974 2287 allow, all applications for scholarships in accordance with rules and regulations prescribed by them; to contract, increase, decrease, termi nate, and otherwise regulate all grants for scholarships; and to manage, operate, and control all funds used for this purpose. Paragraph X. Scholarships to Children of Law Enforcement Offi cers, Firemen, Etc. The General Assembly is authorized to provide by law for a program to grant scholarships or other assistance to the chil dren of law enforcement officers, firemen, and prison guards who are permanently disabled or killed in the line of duty to enable such children to acquire an education beyond the twelfth grade or to enable such children to attend a vocational-technical school. The General Assembly shall be further authorized to provide by law for the terms and condi tions for granting such scholarships or other assistance and shall pro vide that the program established in pursuance of this Paragraph shall be administered by the State Scholarship Commission or the Higher Education Assistance Corporation, as the General Assembly shall de termine. The General Assembly is authorized to appropriate any funds it deems necessary for the purpose of carrying out the provisions of this Paragraph. Paragraph XI. Vocational Rehabilitation Grants. Whenever the State Board of Human Resources may be entitled to receive federal funds made available under the Vocational Rehabilitation Act, 29 United States Code, Chapter 4, or any amendment thereto, the board shall be authorized to receive and administer such funds in accordance with the terms of the grant, and where the grant so provides, may disburse such funds to nonprofit corporations or associations which are engaged solely in the vocational rehabilitation of disabled persons. Nothing in this Para graph shall be construed to authorize the expenditure of any State funds until the same shall have been appropriated by the General Assembly. Paragraph XII. Tuition Grants to Children of Certain Prisoners of War. The General Assembly is authorized to provide by law for tuition grants to qualified students who are children of certain United States servicemen, as hereinafter provided, to enable them to complete programs of study offered in the educational institutions of this State. The tuition grants shall apply to children of servicemen who were bona fide residents of this State at the time of their entry into the armed forces and who are certified by the United States Department of Defense or the United States Veterans Administration as missing in action for more than 90 days, or captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign power since March 26, 1964. Any serviceman who is not in fact missing in action but is missing because of unlawful actions on his part is not included in this provision. The provisions of this Paragraph shall not apply to children born to any serviceman after his missing in action status is clarified or after his release from prison or to children of any service men who were discharged under other than honorable conditions. Nor shall the provisions of this Paragraph apply to the children of any servicemen who are eligible for federal benefits under the provisions of Chapter 31, Title 38, U. S. Code Annotated (Veterans Vocational Re habilitation) ; Chapter 34, Title 38, U. S. Code Annotated (Veterans Educational Assistance) ; or Chapter 35, Title 38, U. S. Code Annotated 2288 JOURNAL OF THE HOUSE, (Veterans War Orphans Educational Assistance Act). The recipients of such tuition grants must attend institutions within the University System of Georgia or vocational training institutions administered by the State Board of Education. The educational assistance to children of servicemen under the provisions of this Paragraph shall cover a period not in excess of 36 months or the equivalent thereof in part-time train ing. The educational assistance to children of servicemen under the pro visions of this Paragraph shall begin on the eighteenth birthday of such children or upon the successful completion of secondary schooling, which ever occurs first, and end on their twenty-sixth birthday. The term "child" or "children" shall include individuals who are married. The Georgia State Scholarship Commission and the State Board of Educa tion are charged with the administration of this Paragraph and may promulgate necessary rules, regulations, and procedures to carry out the purposes of this Paragraph. The General Assembly shall appropriate the necessary funds for said tuition grants. Paragraph XIII. Direct Loans for Students, (a) The General As sembly is authorized to provide by law for a program of guaranteed student loans and for the payment of interest on such loans, which loans shall be used for the purpose of acquiring an education beyond the twelfth grade. The General Assembly is authorized to create an authority, a corporation, or other entity for the purpose of administering any such law. Such law shall provide the agencies which may participate in any such loan program which may include commercial banks, saving banks, savings and loan associations, life insurance companies, credit unions, and retirement and pension systems. Such law shall provide a maximum rate of interest which may be charged for such loans and shall provide a portion of such interest which will be paid by the State. State funds may be expended for such purposes and the General Assembly is autho rized to appropriate money therefor. The General Assembly is also authorized to provide that contributions for the purposes provided here in shall be deductible for State income tax purposes. The General As sembly is also authorized to provide for such tax exemptions as shall be deemed advisable in connection with such program. The General As sembly is authorized to provide for all other matters relative to the purpose provided for herein. (b) The General Assembly is authorized to provide by law for the issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the twelfth grade. The amount of such revenue bonds that may be out standing at any one time, the interest rates, terms, and conditions asso ciated with the issuance of such bonds, and all other matters relating to the issuance of such bonds shall be as the General Assembly shall pro vide by law. Such bonds shall be retired by the proceeds derived from the repayment of such student loans plus the interest on such loans, which may be such rate or rates as the General Assembly shall determine, in such manner and under such terms and conditions as the General As sembly shall determine. Notwithstanding any other provision of this Constitution, to the extent necessary to secure the issuance and sale of such bonds, such bonds may be retired from State funds in such manner as the General Assembly shall determine. Paragraph XIV. Grants and Scholarships to College Students. The THURSDAY, FEBRUARY 14, 1974 2289 General Assembly is authorized to provide by law for grants of scholar ships to citizens of Georgia who are students attending colleges or universities, in this State which are not branches of the University System of Georgia. The General Assembly shall provide the procedures under which such grants or scholarships shall be made and is autho rized to provide appropriationes for such purposes. SECTION XIV. MILITIA. Paragraph I. Organization of Militia. Because a well-regulated militia is essential to the peace and security of the State, the General Assembly shall have authority to provide by law who shall constitute the militia of this State and how the militia shall be organized, officered, trained, armed, and equipped. Paragraph II. Volunteers. The General Assembly shall have power to authorize the formation of volunteer companies and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions as may be prescribed by law. The General Assembly shall have authority to arm and equip the same. Paragraph III. Pay of Militia and Volunteers. The officers and men of the militia and volunteer forces shall not be entitled to receive any pay, rations, or emoluments when not in active service by authority of the State. Paragraph IV. Discipline of the Militia. When not in federal serv ice, the discipline of members of the militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, acts of the General Assembly, and directives of the Governor in his capacity as commander-in-chief of the militia. Notwithstanding any other provision of this Constitution, the General Assembly shall have the authority to provide for trial by courts-martial and nonjudicial pun ishment of members of the militia, for the initiation of charges and subsequent procedures thereon, rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well-regulated and disciplined militia. SECTION XV. EMERGENCY POWERS Paragraph I. Emergency Powers of General Assembly, (a) In order to insure continuity of State and local governmental operations in periods of emergency resulting from diseasters caused by enemy at tack, the General Assembly shall have the power and the immediate duty: (1) to provide for prompt and temporary succession to the powers and duties of persons holding office in the Executive, Judicial, and Legisslative branches of State and local government, whether filled by election 2290 JOURNAL OP THE HOUSE, or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices during such emergen cy; and (2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency, including, but not limited to, the suspension of any or all constitutional legislative rule. (b) Any legislation heretofore adopted by the General Assembly which would have been invalid except for the provisions of this Para graph is ratified as part of the statute laws of the State of Georgia. ARTICLE IV. CONSTITUTIONAL BOARDS AND COMMISSIONS SECTION I. EXISTING BOARDS CONTINUED Paragraph I. Continuation of Existing Constitutional Boards, Commissions, and Departments. All constitutional boards, commissions, and departments heretofore created are hereby continued upon the ratification of this Constitution. The members of such boards and commissions shall consist of those in office at the time of the ratifica tion of this Constitution, and such members shall serve for the terms heretofore appointed or elected. SECTION II. PUBLIC SERVICE COMMISSION Paragraph I. Powers, Duties, and Composition; Terms of Mem bers. The Public Service Commission shall regulate public utilities and shall be vested with the powers, duties, and jurisdiction as provided by the General Assembly, not inconsistent with other provisions of this Constitution. The commission shall consist of five members who shall be elected by the people. A chairman shall be selected by the members of the commission from its membership. The commissioners in office at the time of the ratification of this Constitution shall serve out the remainder of their respective terms and until their successors are duly elected. Thereafter, members shall be elected to six-year terms. The qualifications, compensation, filling of vacancies, manner and time of election, and power and duties of members of the commission including the chairman shall be as provided by the General Assembly. SECTION III. STATE BOARD OF PARDONS AND PAROLES Paragraph I. Powers and Duties. The State Board of Pardons and THURSDAY, FEBRUARY 14, 1974 2291 Paroles shall have the power to grant reprieves, pardons, and paroles, and to commute penalties and to remove disabilities imposed by law. The board may remit, after conviction, any part of a sentence for any offense against the State except in cases of treason or impeachment and except in cases in which the Governor refuses to suspend a sentence of death. The board shall act on all applications within 90 days from the filing of the same, and in all cases a majority shall decide the action of the board. The State Board of Pardons and Paroles at each session of the General Assembly shall communicate to that body in full detail each case of pardon, parole, commutation, removal of dis abilities or remission of sentence granted, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of dis abilities or remission of sentence, and the reasons for granting the same. The State Board of Pardons and Paroles may make rules and regulations as may be authorized by law. The General Assembly may enact laws in aid of, but not inconsistent with, this Section. Paragraph II. Composition; Terms of Members. The State Board of Pardons and Paroles shall be composed of not less than five nor more than seven members, the number to be determined by the General Assembly. All appointments to the board shall be made by the Governor and shall be subject to the confirmation of the Senate. The Governor shall not be a member of the board. Each year the board shall elect one of its members to serve as chairman of the board for the ensuing year. The members in office at the time of the ratification of this Constitution shall serve out the remainder of their respective terms or until they shall be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor, and the Attorney General or by the judgment of the Senate in a trial of impeachment. The successors to the members of the board in office at the time of the ratification of this Constitution and the members subsequently appointed to fill vacancies shall serve for a term of seven years unless removed from office for cause by the unanimous action of the Governor, Lieutenant Governor, and the Attorney General or by the judgment of the Senate in a trial of impeachment. The General Assembly shall fix the compensation of the members of the board, but until changed by the General Assembly, the members shall continue to receive that compensation which the present members are receiving. SECTION IV. STATE BOARD OP CORRECTIONS Paragraph I. Powers, Duties, and Composition; Terms of Mem bers. The State Board of Corrections shall be in charge of the State penal system. The board shall be composed of five members and shall have the powers, duties, jurisdiction and control of the state penal system and the inmates thereof as provided by the General Assembly. The members in office at the time of the ratification of this Constitu tion shall serve out the remainder of their respective terms. Thereafter, the members shall be appointed by the Governor, with the consent of the Senate, to five-year terms. The board shall elect a Director of Corrections who shall be the executive officer of the board. The 2292 JOURNAL OF THE HOUSE, compensation of the director and the members of the board shall be fixed by law. SECTION V. BOARD OF NATURAL RESOURCES Paragraph 1. Composition; Terms of Members; Powers and Duties. The Board of Natural Resources shall consist of one member from each Congressional District in this State; one member from one of the following counties: Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden; and four members from the State at large. The members in office at the time of the ratification of this Constitution shall serve out the remainder of their respective terms. Thereafter, the members of the board shall be appointed by the Governor for terms of seven years from the expiration of the previous term, except in cases of an appointment to an unexpired term. The appointments shall be con firmed by the Senate. Insofar as it is practicable, the members of the board shall be representative of all areas and functions encompassed within the Department of Natural Resources. All members of the Board of Natural Resources shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appoint ment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. The Board of Natural Resources shall have the powers and duties and shall receive the compensation and expenses as may be delegated or provided by the General Assembly. SECTION VI. VETERANS SERVICE BOARD Paragraph I. Powers, Duties, and Composition; Terms of Members. The Veterans Service Board shall be composed of seven members and shall have the powers, duties, jurisdiction and control over the State Department of Veterans Service as provided by law. The members in office at the time of the ratification of this Constitution shall serve out the remainder of their respective terms. Thereafter, the members of the board shall be appointed by the Governor for a term of seven years, except in cases of the filling of an unexpired term. Appointments to the board shall be subject to the advice and consent of the Senate. Vacancies shall be filled by the Governor. The board shall appoint a director who shall be the executive officer of the department. All mem bers of the board and the director shall be veterans of some war in which the United States has engaged. SECTION VII. STATE PERSONNEL BOARD Paragraph I. Composition; Terms of Members. A nonsalaried State Personnel Board comprised of three citizens of this State of known interest in the improvement of public administration shall ad- THURSDAY, FEBRUARY 14, 1974 2293 minister the State Merit System. Under the system, State personnel shall be selected on a basis of merit, fitness, and efficiency according to law. The members in office at the time of the ratification of this Constitution shall serve out the remainder of their respective terms. Thereafter, the members of the State Personnel Board shall be appointed by the Governor, with the advice of the Senate, to seven-year terms except in cases of the filling of an unexpired term. No State official or employee shall be a member of the State Personnel Board, Paragraph II. Veterans Preference. Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who was honorably discharged therefrom shall be given such veteran's preference in any civil service program established in the State government or any political subdivision thereof as may be determined by appropriate action of the General Assembly. Notwith standing any action by the General Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean Conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive examination for employment with the State government or any political subdivision thereof: (a) Any veteran who has at least a ten percent service-connected disability as rated and certified by the Veterans Administration shall be entitled to and shall have ten points added to his passing score on an examination; and (b) Any other veteran shall be entitled to and shall have five points added to his passing score on an examination. SECTION VIII. BOARD OF COMMUNITY DEVELOPMENT Paragraph I. Powers, Duties, and Composition; Terms of Mem bers. The Board of Community Development shall be the policydetermining body of the Department of Community Development and shall have the powers, duties, and jurisdiction relating to the depart ment as provided by law. The board shall be composed of 20 members, two from each Congressional District in the State. The members in office at the time of the ratification of this Constitution shall serve out the remainder of their respective terms and until their successors are duly elected and qualified. Thereafter, the Governor shall appoint mem bers to terms of six years dating from April 1 of the beginning year of such terms, except in cases of appointments to fill unexpired terms. In the event a vacancy occurs on the board, the Governor shall appoint a person to serve the unexpired term. In making appointments to the board, the Governor shall insure that there is representation from local governments and area planning and development commissions as provided by law. The board shall appoint a commissioner who shall be the executive officer and administrative head of the Department of Community Development. 2294 JOURNAL OF THE HOUSE, Paragraph II. Promotion of Tourism. In addition to the powers and duties as may from time to time be conferred upon the Board of Com munity Development and the Department of Community Development, the Board of Community Development shall be authorized to participate with any county, municipal corporation, nonprofit organization or any combination thereof in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this State. Paragraph III. Construction of Statutes. Wherever the words "Department of Industry and Trade" are used in any statute, they shall be held and taken to mean the Department of Community Development. Wherever the words "Board of Commissioners of Industry and Trade" are used in any statute, they shall be held and taken to mean the Board of Community Development. SECTION IX. STATE TRANSPORTATION BOARD Paragraph I. Composition, Powers, and Duties; Terms of Members. The State Transportation Board shall be composed of as many mem bers as there are Congressional Districts in the State. The members in office at the time of the ratification of this Constitution shall serve out the remainder of their respective terms. Thereafter, the members of the board from each Congressional District shall be elected by a majority vote of the members of the House of Representatives and the Senate from the districts embraced or partly embraced within such Congressional District, meeting in caucus. All members shall be elected for terms of five years each and until their successors are duly elected and qualified. The State Transportation Board shall elect a Commissioner of the Department of Transportation who shall be the chief executive officer of the Department of Transportation. The General Assembly shall define by law the powers, duties, qualifications, and compensation of the board and of the commissioner and shall by law prescribe the manner, time, and procedure for the election of members of the board and the manner for filling vacancies therein. Paragraph II. Compliance with Federal Law. In order to comply with federal law providing for control of outdoor advertising and junk yards adjacent to the roads of the federal-aid highway systems therein: (1) the State of Georgia, acting by and through the Department of Transportation, is authorized to acquire any interest in property for the purpose of removing or requiring the removal of outdoor advertising and for the purpose of screening or removing or requiring the removal or screening of junkyards adjacent to such roads, said acquisition to be in accordance with provisions of law and of this Constitution relating to the acquiring of private property interests for such public road purposes and activities incident thereto; and (2) the General Assembly may zone property adjacent to the public roads of such federal-aid highway systems for commercial or industrial purposes or in respect to the location of advertising signs, displays or devices or in respect to the establishment, removal or control of junkyards and may provide THURSDAY, FEBRUARY 14, 1974 2295 for rules and regulations governing advertising and junkyards adjacent to such roads. Paragraph III. Construction of Statutes. Wherever the words "State Highway Board" are used in any statute, they shall be held and taken to mean the State Transportation Board. Wherever the word "Director" is used in connection with the Department of Transportation or State Highway Department in any statute, it shall be held and taken to mean Commissioner. Wherever the words "State Highway Depart ment" or "State Highway Department of Georgia" are used in any statute, they shall be held and taken to mean the Department of Transportation. ARTICLE V. EXECUTIVE BRANCH SECTION I. ELECTED EXECUTIVE OFFICERS Paragraph I. Elected Executive Officers; Terms of Office. The elected executive officers of this State shall consist of the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Comptroller General, the Com missioner of Agriculture, and the Commissioner of Labor, each of whom shall be elected by the persons qualified to vote for members of the General Assembly. Each officer shall hold office for a term of four years and until his successor shall be chosen and qualified. Paragraph II. Qualifications of Elected Executive Officers. No person shall be eligible to hold the office of Governor or Lieutenant Governor unless he shall have been a citizen of the United States for at least IB years, shall have been a resident of this State for six years immediately preceding his election, and shall be 30 years of age or older when elected. No person shall be eligible to hold the office of Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor unless he shall have been a citizen of the United States for at least ten years, shall have been a resident of this State for six years immediately preceding his election, and shall be 25 years of age or older when elected. SECTION II. DUTIES AND POWERS OF GOVERNOR Paragraph I. Governor, Term of Office, Salary, Etc. The executive power shall be vested in a Governor. The Governor serving at the time of the ratification of this Constitution and future Governors shall not be eligible to succeed themselves and shall not be eligible to hold the office until after the expiration of four years from the conclusion of their terms of office. The salary of the Governor shall be provided by 2296 JOURNAL OF THE HOUSE, law but shall not be less than $12,000.00 per annum. His salary shall not be increased or diminished during the period for which he shall have been elected; nor shall he receive any other emolument while Governor from the United States, any state, or from any foreign power. Paragraph II. Oath of Office. Before he assumes the duties of his office, the Governor shall take the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof and the Constitution of the United States of America." Paragraph III. Commander-in-Chief. The Governor shall be commander-in-chief of the army and navy of this State and of the militia thereof. Paragraph IV. Suspension of Death Sentences. The Governor shall have power to suspend the execution of a sentence of death, after con viction, for offenses against the State until the State Board of Pardons and Paroles shall have an opportunity of hearing the application of the convicted person for any relief within the power of the board or for any other purposes which may be deemed necessary by the Governor. Upon conviction of any person for treason, the Governor may only suspend the execution of the sentence and report the case to the General Assembly at its next meeting at which time the General Assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve. At each session of the General Assembly, the Governor shall communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reason for granting the same. Paragraph V. Law Enforcement. The Governor shall take care that the laws are faithfully executed and shall be a conservator of the peace throughout the State. Paragraph VI. Writs of Election. The Governor shall issue writs of election to fill all vacancies that may occur in the Senate and the House of Representatives. Paragraph VII. Information and Recommendations to General Assembly. From time to time, the Governor shall give the General Assembly information on the state of the State and recommend to their consideration measures which he deems necessary or expedient. Paragraph VIII. Extraordinary Session of the General Assembly. The Governor shall have power to convoke the General Assembly on extraordinary occasions, but no law shall be enacted at an extraordinary session except those laws which relate to the object stated in his proclamation calling such session. Such extraordinary session of the General Assembly shall not exceed 70 days in length unless at the THURSDAY, FEBRUARY 14, 1974 2297 expiration of said period there shall be pending an impeachment trial of some officer of State Government, in which event the General Assembly will be authorized to remain in session until such trial shall have been completed. Paragraph IX. Filling Vacancies. When any office shall become vacant by death, resignation, or otherwise, the Governor shall have the power to fill such vacancy unless otherwise provided by law; and persons so appointed shall continue in office until a successor is com missioned, as provided by this Constitution or by law. Paragraph X. Appointments Rejected. A person once rejected by the Senate shall not be reappointed by the Governor to the same office during the same session or the recess thereafter. Paragraph XI. Bills and Resolutions, Governor's Approval or Veto, (a) Except on a question of election or adjournment, every bill, resolu tion, or order to which the concurrence of both houses may be necessary shall be presented to the Governor. Nothing contained in this Paragraph shall be construed to confer on the Governor the power to veto or enter his disapproval of any proposal by the General Assembly to amend this Constitution. (b) Any bill or resolution passed by the General Assembly may be approved or vetoed by the Governor within five days, excluding Sundays, after it has been presented to him unless the General Assembly shall adjourn before the expiration of said five days, in which event the Governor shall have 30 days, excluding Sundays, from the date of adjournment in which to approve or veto the same. In the event the Governor approves any such bill or resolution, the same shall become law. In the event the Governor vetoes any such bill or resolution, the same shall not become law unless such veto is overridden by a vote of two-thirds of the members elected to the House of Representatives and a vote of two-thirds of the members elected to the Senate. (c) Whenever such bill or resolution is vetoed by the Governor, it shall be his duty to transmit the same to the presiding officer of the house in which it originated together with his reasons, if any, for his veto. Such transmission shall be made within 35 days, excluding Sundays, from the date of the adjournment of the session of the General Assembly at which such bill passed. Such bill may be considered by the house in which it originated at any time within the first ten days of the next regular session of the General Assembly for the purpose of overriding the veto. In the event such house votes to override the veto, the same shall be immediately transmitted by the Secretary or Clerk of that house to the other house. Upon receiving such bill or resolution, it shall be the duty of the presiding officer of such house to dispense with all business and immediately consider such bill or resolution for the purpose of overriding the veto. In the event the Governor's veto is overridden by two-thirds of the votes of the other house, such bill shall become law. If either house fails to override the Governor's action on a bill, such bill shall not again be presented to the General Assembly for the purpose of overriding the action of the Governor. Provided, however, that any bills that are vetoed by the Governor after the adjournment 2298 JOURNAL OF THE HOUSE, of the regular session of the General Assembly immediately preceding the general election in which the Governor shall not be subject to be overriden by the next regular session of the General Assembly. In the event any bill is enacted into law pursuant to the terms of this Paragraph, the effective date of that bill shall be the date that the bill was acted upon by the branch of the General Assembly last acting upon that bill. (d) If any such bill or resolution is not approved or vetoed by the Governor within five days, excluding Sundays, after it has been pre sented to him, the same shall become law unless the General Assembly adjourns during the five days, in which event the Governor shall have 30 days, excluding Sundays, after the date of adjournment to approve or veto such bill or resolution. If not approved or vetoed within said 30 days, the same shall become law. (e) The Governor may approve any appropriation and veto any other appropriation in the same bill, and the latter shall not become law unless his veto is overridden as provided herein. Paragraph XII. Information from Officers and Employees. The Governor may require information in writing from constitutional officers, department heads, and all State employees on any subject relating to the duties of their respective offices or employment. SECTION III. DUTIES AND POWERS OF LIEUTENANT GOVERNOR Paragraph I. Lieutenant Governor, President of Senate. The Lieutenant Governor shall be President of the Senate. The salary of the Lieutenant Governor shall be provided by law but shall not be less than $2,000.00 per annum. Paragraph II. Exercise of Executive Power. In case of the death or resignation of the Governor, the Lieutenant Governor, and in case of the death or resignation of the Governor-Elect, the Lieutenant Governor-Elect, who shall be deemed to be the Governor's successor, upon becoming the Lieutenant Governor, shall exercise the executive power and receive the compensation of the Governor until the next general election for members of the General Assembly, at which time a successor to the Governor shall be elected for the unexpired term. If such death or resignation shall occur within 30 days of the next general election or if the term will expire within 90 days after the next general election, the Lieutenant Governor shall exercise the execu tive power and receive the compensation of the Governor for the un expired term. In case of the disability of the Governor, the Lieutenant Governor shall exercise the executive power until the removal of such disability. Paragraph III. Resignation if Candidate for Governor. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall resign his office as Lieutenant Governor, THURSDAY, FEBRUARY 14, 1974 2299 effective upon the qualification of the Governor elected for the unexpired term; and his successor for the unexpired term shall be elected at such election. SECTION IV. EXERCISE OF EXECUTIVE POWERS BY SPEAKER OF THE HOUSE OF REPRESENTATIVES Paragraph I. Exercise of Executive Power by Speaker of the House of Representatives. In case of the death, resignation, or dis ability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election. The special election shall be held within 60 days from the date on which the Speaker of the House of Representa tives shall assume the executive power. SECTION V. DUTIES AND POWERS OF OTHER ELECTED EXECUTIVE OFFICERS Paragraph I. Duties, Authority, and Salaries of Other Elected Executive Officers. The Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agricul ture, and Commissioner of Labor shall be commissioned by the Governor and shall hold their offices for the same term as the Governor. The General Assembly shall have power to prescribe the duties, authority, and salaries of the executive officers and to provide help and expenses necessary for the operation of the department of each. All of said officers shall give bond and security under regulations to be prescribed by law for the faithful discharge of their duties. It shall be the duty of the Attorney General to act as legal advisor of the Executive De partment, to represent the State in the Supreme Court in all capital felonies and in all civil and criminal cases in any court when required by the Governor, and to perform any other services required of him by law. Paragraph II. Vacancies Filled. In case of the death or withdrawal of a person having received a majority of the whole number of votes cast in an election for any of the offices named in Paragraph I of this Section, the Governor elected at such election, upon becoming Governor, shall have the power to fill such office by appointing an individual to serve until the next general election at which time a successor shall be elected to serve out the unexpired term of office. Such appointment shall be subject to the confirmation of the Senate. Paragraph III. Profit from Use of Public Money. No State official shall be allowed, directly or indirectly, to receive any fee, interest, or reward from any person, bank, or corporation, for the deposit or use in any manner of the public funds. The General Assembly shall enforce this provision by suitable penalties. 2300 JOURNAL OF THE HOUSE, Paragraph IV. Fees and Perquisites Denied. No State official named in Paragraph I of this Section shall be allowed any fee, perquisite, or compensation other than his salary as prescribed by law except his necessary expenses when absent from the seat of government on busi ness for the State. SECTION VI. ELECTIONS Paragraph I. Election of Executive Officers. Under this Constitu tion, the first election for the offices of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, and Commissioner of Labor shall be held on Tuesday after the first Monday in November, 1978. These officers shall be installed in office at the next session of the General Assembly. An election shall take place guadrennially there after on said date until another date is fixed by the General Assembly. The election shall be held at the places of holding general elections in the several counties of this State and in the manner prescribed for the election of members of the General Assembly. Paragraph II. How Returns Published. The returns of each election district for the election of the executive officers shall be sealed by the superintendent thereof separately from other returns and shall be trans mitted to the Secretary of State. On the Tuesday next following the general election, unless this date shall be changed by law, the Secretary of State shall transmit the election returns to the Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of all standing committees of the General Assembly. The board shall open and publish the returns, and the persons having the majority of the whole number of votes shall be declared duly elected executive officers of this State. Each candidate for an executive office shall be entitled to designate one person to be present at the opening of the returns. Paragraph III. Run-off Elections. In the event no candidate for an elected executive office receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the election for such office by immediately calling a run-off election. The board shall designate as candidates therein the two persons who received the highest number of votes, who continue in life, and who have not declined to continue as a candidate for such office. This run-off election shall be held on the third Tuesday im mediately following the general election unless the date thereof shall be changed by the General Assembly. This run-off election shall be a continuation of the general election, and only the electors who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the two persons designated shall be counted in the tabulation and canvass of the votes cast. The provisions relating to the transmission of the returns in the general election, the opening of the returns, their tabulation, canvassing, and publication shall apply to the run-off election. On the Tuesday next following the THURSDAY, FEBRUARY 14, 1974 2301 run-off election, the Constitutional Officers Election Board shall con vene, open, canvass, tabulate, and publish the returns of the run-off election. The person having the highest number of votes entitled to be counted in the run-off election shall be declared the duly elected officer. Paragraph IV. General Assembly May Provide Additional Pro cedures. The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter embraced within Paragraphs II and III of this Section and in connection with any contested election, provided such laws are not inconsistent with the provisions therein. SECTION VII. GREAT SEAL Paragraph I. Great Seal. The Great Seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly. The seal now in use shall be the Great Seal of the State until otherwise provided by law. ARTICLE VI. JUDICIARY SECTION I. COURTS ENUMERATED Paragraph I. Courts Enumerated. The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Courts of Ordinary, Justices of the Peace, Notaries Public who are ex officio Justices of the Peace, and such other courts as have been or may be established by law. SECTION II. SUPREME COURT AND COURT OF APPEALS Paragraph I. Supreme Court Justices; Quorum. The Supreme Court shall consist of seven associate justices who shall from time to time, as they may deem proper, elect one of their members as Chief Justice and one as Presiding Justice. The Chief Justice so elected by the other justices shall be the chief presiding and administrative officer of the court. The Presiding Justice, elected in like manner, shall perform all the duties devolving upon the Chief Justice when he is absent or disqualified. A majority of the court shall constitute a quorum. Paragraph II. Court to Designate Judges to Preside, When. When one or more of the Justices of the Supreme Court are disqualified from deciding any case by interest or otherwise, the qualified justices shall 2302 JOURNAL OF THE HOUSE, designate a judge or judges of the Superior Court to preside in that case. If all the justices are disqualified, they or a majority of them, despite their disqualification, shall select seven judges of the Superior Court to preside in the cause; but they shall make the selections by lot and in open court from not less than 12 names of Superior Court Judges. Paragraph III. Terms of Office. The Justices of the Supreme Court shall be elected by the people at the same time and in the same manner as members of the General Assembly and their terms, except unexpired terms, shall be for six years and until their successors are elected and qualified. The successors to the two incumbent justices whose terms will expire on December 31, 1974, shall be elected for the succeeding terms at the time of electing members of the General Assem bly during that year; successors to the three incumbents whose terms will expire on December 31, 1976, shall be elected in like manner during that year; successors to the two incumbents whose terms will expire on December 31, 1978, shall be elected in like manner during that year. In case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment. The person appointed by the Governor shall hold his office until the next regular election and until his successor for the balance of the unexpired term shall have been elected and qualified. The election returns shall be made to the Secretary of State who shall certify the result to the Governor, who shall issue a commission accordingly. Paragraph IV. Jurisdiction of Supreme Court. The Supreme Court shall have no original jurisdiction. In the following cases the Supreme Court shall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Atlanta and Savan nah, as they existed on August 16, 1916, and such other like courts as have been or may hereafter be established in other cities: in all cases that involve the construction of the Constitution of the State of Georgia or of the United States or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of or the construction of wills; in all cases of conviction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases; and in all cases certified to it by the Court of Appeals for its determination. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same authority as if the case had been carried by writ of error to the Supreme Court. Until otherwise provided by law, any case carried to the Supreme Court or to the Court of Appeals which belongs to the class of which the other court has jurisdic tion shall be transferred to the other court under such rules as the Supreme Court may prescribe. The cases so transferred shall be heard and determined by the court which has jurisdiction thereof. The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts other than by writ of error and may prescribe conditions as to the right of a party litigant to have his case reviewed by the Supreme Court THURSDAY, FEBRUARY 14, 1974 2303 or Court of Appeals. The Supreme Court shall also have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the judges of that Court when sitting as a body for the determination of cases. Paragraph V. How Cases Disposed Of. The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the court's docket for hearing, as provided by Paragraph VIII of this Article and Section, or at the next term. If the plaintiff in error shall not be prepared to prosecute the case at the term for which it is so entered for hearing, unless prevented by providential cause, it shall be stricken from the docket and the judgment below shall stand affirmed. No writ of error shall be dismissed because of delay in transmission of the bill of exceptions and the copy of the record, or either of them, resulting from the default of the clerk or other cause unless it shall appear that the plaintiff in error or his counsel caused such delay. Nothing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability resulting there from. Paragraph VI. Judgments May Be Withheld. Either the Supreme Court or the Court of Appeals in its discretion may withhold its judg ment in any case until the next term after the same is argued. Paragraph VII. The Supreme Court; how Cases to Be Heard and Determined. When sitting in a body, the Supreme Court shall have power to hear and determine cases under such regulations as may be prescribed by it. Paragraph VIII. Court of Appeals. The Court of Appeals shall consist of the judges provided therefor by law at the time of the ratifica tion of this Constitution, and of such additional judges as the General Assembly shall from time to time prescribe. After the expiration of the terms of the judges provided for by law at the time of the ratification of this Constitution, all terms of the Judges of the Court of Appeals, except unexpired terms, shall continue for six years and until their successors are elected and qualified. The times and manner of electing judges and the mode of filling a vacancy which causes an unexpired term shall be the same as are or may be provided for by the laws relat ing to the election and appointment of Justices of the Supreme Court. In the following cases, the Court of Appeals shall have jurisdiction for the trial and correction of errors of law from the Superior Courts and from the City Courts of Atlanta and Savannah, as they existed on August 19, 1916, and such other like courts as have been or may hereafter be established in other cities: in all cases in which jurisdiction has not been conferred by this Constitution upon the Supreme Court; and in such other cases as may hereafter be prescribed by law, except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court, it may certify the same to the Supreme Court and thereupon a transcript of the record shall be transmitted to the Supreme Court. After having af forded to the parties an opportunity to be heard thereon, the Supreme Court shall instruct the Court of Appeals on the question so certified and the Court of Appeals shall be bound by the instruction so given. 2304 JOURNAL OF THE HOUSE, But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The maner of certifying questions to the Supreme Court by the Court of Appeals and the subsequent proceedings in regard to the same in the Supreme Court shall be as the Supreme Court shall by its rules prescribe until otherwise provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certi fied from the Court of Appeals to the Supreme Court or in disposing of questions or cases which the Supreme Court has required to be certi fied as hereinbefore provided. All writs of error in the Supreme Court or the Court of Appeals, when received by its clerk during a term of the court and before the docket of the term is by order of the court closed, shall be entered thereon. When received at any other time, the writs shall be entered on the docket of the next term and they shall stand for hearing at the term for which they are so entered under such rules as the court may prescribe until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The Reporter of the Supreme Court shall be Reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court as to qualifiactions and salaries of judges; the designation of other judges to preside when members of the court are disqualified; the powers, duties, salaries, fees, and terms of officers; the mode of carrying cases to the court; the powers, practice, procedure, times of sitting, and costs of the court; the publication of reports of cases decided therein; and in all other respects, except as otherwise provided in this Constitution or by the laws as to the Court of Appeals at the time of the ratification of this Constitution, and until otherwise provided by law, shall apply to the Court of Appeals so far as they can be made to apply. The decisions of the Supreme Court shall bind the Court of Appeals as precedents. The Court of Appeals shall have power to hear and determine cases when sitting in a body except as may be otherwise provided by the General Assembly. In the event of an equal division of judges on any case when the court is sitting as a body, the case shall be immediately transferred to the Supreme Court. Paragraph IX. Appeals from the Juvenile Court. The Supreme Court and Court of Appeals shall have jurisdiction to review by direct writ of error, and without the necessity of a motion for a new trial having been made, all final judgments, orders, decrees, and adjudications rendered by any Juvenile Court created or referred to in an Act of the General Assembly, approved February 19, 1951 (Ga. Laws 1951, p. 291), as amended, and any other Juvenile Court that may be hereafter estab lished. It shall be the duty of the District Attorney of the judicial circuit within which Juvenile Court or Courts are located to represent the Juve nile Court on such appeals. The time for filing a bill of exceptions and the procedure governing the same shall be as now provided by law for appeals or as may hereafter be provided by law; but in any case, the Juvenile Court Judge may by order grant extensions of time for the filing of a bill of exceptions so as to afford opportunity for preparation of a brief or transcript of evidence in cases where such is required. THURSDAY, FEBRUARY 14, 1974 2305 SECTION III. SUPERIOR COURTS Paragraph I. Terms, etc., of Superior Court Judges. For each judi cial circuit, there shall be a Judge of the Superior Court whose term of office shall be for four years and until his successor is elected and qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional judges of the Superior Court for any judicial circuit in this State; shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof; shall fix the time at which the term or terms of office of such additional judge or judges shall begin and the manner of his appointment or election; and shall have authority from time to time to add to the number of such judges in any judicial circuit or to reduce the number of judges in any judicial circuit, pro vided that at all times there shall be at least one judge in every judicial circuit of this State. Paragraph II. Elections, When to Be Held. The successors to the present and subsequent incumbents shall be elected by the electors who reside in the circuit wherein the Superior Court Judge is to serve and who are entitled to vote for members of the General Assembly. The elec tion for the successors shall be at the general election next preceding the expiration of the incumbents' respective terms. Paragraph III. When Terms Begin. Except to fill vacancies, the terms of the judges to be elected under the Constitution shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation, or other causes shall be filled by appointment of the Governor until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Paragraph IV. When Judges of Superior and City Courts May Alternate. In any county within which there is or hereafter may be a City Court, the Judge of that Court and the Judge of the Superior Court may preside in the courts of each other in cases where the judge of either court is disqualified to preside. SECTION IV. JURISDICTION Paragraph I. Exclusive Jurisdiction Except in Juvenile Cases. The Superior Court shall have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life or confine ment in the penitentiary, except in the case of juvenile offenders as provided by law; in cases respecting titles to land; and in equity cases. Paragraph II. Equity May Be Merged in Common Law Courts. The General Assembly may confer upon the courts of common law all the powers heretofore exercised by courts of equity in this State. 2306 JOURNAL OF THE HOUSE, Paragraph III. Jurisdiction. Superior Courts shall have jurisdiction in all civil cases except as hereinafter provided. They shall have appellate jurisdiction in all such cases as may be provided by law. Paragraph IV. Certiorari, Mandamus, Etc. They shall have power to correct errors in inferior judicatories by writ of certiorari which shall only issue on the sanction of the judge. Superior Courts and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and they shall have such other powers as are or may be conferred on them by law. Paragraph V. New Trials. The Superior and City Courts may grant new trials on legal grounds. Paragraph VI. Judgment of the Court. In all civil cases except actions ex delicto, the Superior Court shall render judgment without the verdict of a jury where no issuable defense is filed except as other wise provided in this Constitution and subject to the right of trial by a jury on written demand of either party. Paragraph VII. Sessions. The Superior Courts shall sit in each county not less than twice in each year at such times as have been or may be appointed by law. On reasonable notice to the parties, the Judges of Superior Courts may at any time in vacation hear in chambers and determine by interlocutory or final judgment any matter or issue where a jury verdict is not required or may be waived. Paragraph VIII. Presiding Judge Disqualified. The Genral As sembly may provide by law for the appointment of some proper person to preside in cases where the presiding judge is from any cause dis qualified. SECTION V. COURTS OF ORDINARY Paragraph I. Appeals from Ordinary. The powers of a Court of Ordinary and a Court of Probate shall be vested in an ordinary for each county. Under regulations prescribed by law or by consent of parties without a decision, there may be an appeal to the Superior Court from the ordinary's decisions. Paragraph II. Powers, (a) The Courts of Ordinary shall have powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes, and other county matters as may be conferred on them by law. (b) In all counties of this State in which there is no City or County Court and where the defendant waives a jury trial, the Court of Ordi nary shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, approved March 19, 1937 (Ga. Laws 1937, p. 322), and other traffic laws, and in all cases arising under the Compulsory School Attendance law. Like jurisdiction is also conferred upon the judges of the police courts of incorporated THURSDAY, FEBRUARY 14, 1974 2307 cities and Municipal Court Judges for offenses arising under the Act known as the Georgia State Highway Patrol Act of 1937, approved March 19, 1937 (Ga. Laws 1937, p. 322), and other traffic laws of the State within their respective jurisdictions. Paragraph III. Term of Office. The ordinary shall hold his office for the term of four years and until his successor is elected and qualified. SECTION VI. JUSTICES OF THE PEACE Paragraph I. Number and Term of Office, (a) In each militia dis trict there shall be one justice of the peace whose official term, except when elected to fill an unexpired term, shall be for four years. The Gen eral Assembly may abolish justice courts and the offices of justice of the peace and of notary public ex officio justice of the peace in any city having a population of over 20,000 and may establish, in lieu thereof, such court or system of courts as it may deem necessary. The General Assembly may confer upon any such new court or system of courts the jurisdiction as to subject matter now exercised by justice courts, by justices of the peace, and by notaries public ex officio justices of the peace, together with such additional jurisdiction either as to amount or subject matter as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution. The General Assembly may provide or authorize rules and procedure in such courts, new trials, and the correction of errors in and by said courts. The General Assembly may provide or authorize the correction of errors from such courts by the Superior Court, Court of Appeals, or the Supreme Court. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section VIII herein. (b) The General Assembly may abolish justice courts and the offices of justice of the peace and notary public ex officio justice of the peace in the County of Glynn and in any county in this State having within its borders a city having a population of over 20,000 and may establish, in lieu thereof, such court or system of courts as it may deem necessary. The General Assembly, in the alternative, may confer upon existing courts in these counties, by extension of their jurisdiction, the subject matter now exercised by justice courts and by justices of the peace and notaries public ex officio justices of the peace, together with such addi tional jurisdiction either as to amount or to subject matter as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution. The General Assembly may provide or authorize rules and procedure in such courts, new trials, and the correction of errors in and by said courts. The General Assembly may provide or authorize the correction of errors from such courts by the Superior Court, the Court of Appeals, or the Supreme Court. (c) The civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, supplemental to, or in lieu of justice courts as may be now or here after provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section VIII herein. Paragraph II. Jurisdiction. Justices of the peace shall have juris diction in all civil cases arising ex contractu and in cases of injury or 2308 JOURNAL OF THE HOUSE, damage to and conversion of personal property when the principal sum does not exceed $200.00. They shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court or an appeal to the Superior Court under such regulations as may be prescribed by law. Paragraph III. Elections and Commissions; Removal. Justices of the peace shall be elected by the legal voters in their respective districts and shall be commissioned by the Governor. They shall be removable on conviction for malpractice in office. SECTION VII. NOTARIES PUBLIC Paragraph I. Appointment; Number; Terms; Removal. Upon rec ommendation of the grand juries of the several counties, commissioned notaries public may be appointed by the Judges of the Superior Courts in their respective circuits. The number of notaries public shall not ex ceed one for each militia district. They shall be commissioned by the Governor for the term of four years and shall be ex officio justices of the peace. They shall be removable on conviction for malpractice in office. SECTION VIII. UNIFORMITY OF COURTS Paragraph I. Uniformity Provided For. Except as otherwise pro vided in this Constitution, the jurisdiction, powers, proceedings, and practice of all courts or officers which are of the same grade or class so far as regulated by law, except City Courts, and which are invested with judicial powers shall be severally uniform. The force and effect of the process, judgment, and decree by such courts shall be severally uniform. This uniformity must be established by the General Assembly, and in the case of City Courts may be established by the General Assembly. SECTION IX. DISTRICT ATTORNEYS Paragraph I. Number; Term of Offices; Vacancies. For each judi cial circuit, there shall be a district attorney whose official term, except to fill a vacancy, shall be four years. At the general election held next preceding the expiration of their respective terms, the successors of present and subsequent incumbents shall be elected by the electors who are qualified to vote for members of the General Assembly and who reside in the circuit wherein the district attorney is to serve. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Paragraph II. Duties. It shall be the duty of the district attorney to represent the State in all cases in the Superior Courts of his circuit and in all cases taken up from the Superior Courts of his circuit to the THURSDAY, FEBRUARY 14, 1974 2309 Supreme Court and Court of Appeals. He shall also perform such other services as shall be required of him by law. Paragraph III. Solicitor General Defined. Whenever the words "solicitor general" are used in any statute they shall be held and taken to mean the district attorney. SECTION X. SALARIES OF JUSTICES, JUDGES, AND DISTRICT ATTORNEYS Paragraph I. Salaries of Justices, Judges, and District Attorneys. The Justices of the Supreme Court each shall have out of the funds of the State salaries of not less than $8,000.00 per annum. The Judges of the Court of Appeals each shall have out of the funds of the State salaries of not less than $8,000.00 per annum. The Judges of the Superior Courts each shall have out of the funds of the State salaries of not less than $6,000.00 per annum, and the District Attorneys shall each have out of the funds of the State a salary of not less than $250.00 per annum; provided that the General Assembly may authorize any county to supple ment out of county funds the salaries of a Judge of the Superior Court and District Attorney of the judicial circuit in which such county lies. Where such salary, at the time of the ratification of this Constitution, is being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly. How ever, the Board of County Commissioners of Richmond County, the ordi nary, or such other board or person as may from time to time have charge of the fiscal affairs of that county, shall without further legisla tive action continue to supplement from the county's treasury the salary of the Judge of the Superior Court of the circuit of which the County of Richmond is a part by the sum of $2,000.00 per annum which shall be in addition to the amount received by the judge from State funds. Such payments are declared to be a part of the court expenses of said county and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors. The General Assembly shall have the authority to increase such salary from the county treasury as above provided. Paragraph II. Power to Abolish or Reinstate Fees of District At torney. By a majority vote of each branch, the General Assembly shall have power at any time to abolish the fees at present accruing to the office of district attorney in any particular judicial circuit and in lieu thereof to prescribe a salary for such office, without regard to the uni formity of such salaries in the various circuits, and shall have the fur ther power to determine what disposition shall be made of the fines, forfeitures, and fees accruing to the office of district attorney in any such judicial circuit where the fees are abolished. The Genral Assembly shall have the further power, if it so desires, to abolish such salary and to reestablish such fees. In the avent of either change, the change shall not become effective until the end of the term to which the district attorney was elected. SECTION XL QUALIFICATIONS OF JUSTICES, JUDGES, ETC. Paragraph I. Age; Citizenship; Practice of Law. No person shall 2310 JOURNAL OF THE HOUSE, be Justice of the Supreme Court, Judge of the Court of Appeals, Judge of Superior Court, or District Attorney unless, at the time of his elec tion, he shall have attained the age of 30 years, shall have been a citizen of the State three years, and shall have practiced law for seven years. No person shall be hereafter elected district attorney unless, at the time of his election, he shall have attained 25 years of age, shall have been a citizen of the State for three years, and shall have practiced law for three years next preceding his election. Paragraph II. Emeritus Justices and Judges; Preside. Chief Jus tices Emeritus and Justices Emeritus of the Supreme Court, Judges Emeritus of the Court of Appeals, and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court of Geor gia, the Court of Appeals of Georgia, and the Superior Courts of this State. The General Assembly shall prescribe the method or manner in which they may be called upon for temporary service. Paragraph III. Discipline, Removal, and Involuntary Retirement, (a) There shall be a Judicial Qualifications Commission to consist of seven members as follows: two judges of any court of record, each se lected by the Supreme Court; three members of the State Bar who shall have practiced law in this State for at least ten years and who shall be elected by the Board of Governors of the State Bar; and two citizens, neither of whom shall be a member of the State Bar, who shall be ap pointed by the Governor. The members in office at the time of the ratifi cation of this Constitution shall serve out the remainder of their re spective terms and until their successors are elected or appointed and have qualified. Thereafter, all members shall serve for terms of four years each and until their successors are elected or appointed and have qualified. Whenever any member ceases to hold the office or to possess the qualifications which entitled him to be appointed a member, his membership shall terminate and the appointing authority shall select his successor for the unexpired term. No member of the commission shall receive any compensation for his services but shall be allowed his necessary expenses for travel, board, and lodging incurred in the per formance of his duties. No member of the commission except the judges shall hold any other public office or be eligible for appointment to a State Judicial office so long as he is a member of the commission. No member shall hold office in any political party or organization. No act of the commission shall be valid unless concurred in by a majority of its members. The Commission shall select one of its members to serve as chairman. (b) In accordance with the procedure prescribed in this Paragraph, a justice or judge of any court of this State may be removed or other wise disciplined for willful misconduct in office, willful and persistent failure to perform his duties, habitual intemperance, or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute. He may be retired for disability seriously inter fering with the performance of his duties, which is, or is likely to be come, of a permanent character. After such investigation as it deems, necessary, the commission may order a hearing to be held before it concerning the removal or retirement of a justice or a judge; or the commission may, in its discretion, request the Supreme Court to appoint a special master to hear and take evidence in the matter and to report thereon to the commission. If, after hearing or after considering the THURSDAY, FEBRUARY 14, 1974 2311 record and report of the master, the commission finds good cause there for, it shall recommend to the Supreme Court the removal other disci pline, or retirement, as the case may be, of the justice or judge. (c) The Supreme Court shall review the record of the proceedings on the law and facts and, in its discretion, may permit the introduction of additional evidence and shall order removal, other discipline, or retire ment, as it finds just and proper; or the Supreme Court may wholly reject the recommendation. Upon an order for retirement, the justice or judge shall thereby be retired with the same rights and privileges as if he retired pursuant to statute. Upon an order for removal, the justice or judge shall thereby be removed from office and his salary shall cease from the date of the order. (d) The Supreme Court shall prescribe rules governing privilege, confidentiality, and practice and procedure in all proceedings brought hereunder. A justice or judge who is a member of the commission or Supreme Court shall not participate in any proceedings involving his own removal, other discipline, or retirement. SECTION XII. VENUE Paragraph 1. Divorce Cases. Divorce cases shall be brought in the county where the defendant resides if the defendant is a resident of this State, if the defendant is not a resident of this State, then the divorce case shall be brought in the county in which the plaintiff resides. However, any person who has been a resident of any United States Army Post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or military reservation. Paragraph II. Land Titles. Cases respecting titles to land shall be tried in the county where the land lies except where a single tract is divided by a county line, in which case the Superior Court of either county shall have jurisdiction. Paragraph III. Equity Cases. Equity cases shall be tried in the county where a defendant against whom substantial relief is prayed resides. Paragraph IV. Suits Against Joint Obligors, Copartners, Etc. Suits against joint obligors, joint promissors, copartners, or joint trespassers residing in different counties may be tried in either county. Paragraph V. Suits Against Maker, Endorser, Etc. Suits against the make and endorser of promissory notes or the drawer, acceptor, and endorser of foreign or inland bills of exchange or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides. Paragraph VI. All Other Cases. All other civil cases shall be tried in the county where the defendant resides. All criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the judge is satisfied that an impartial jury cannot be obtained in such county. 2312 JOURNAL OF THE HOUSE, Paragraph VII. Power to Change Venue. The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been or shall be provided by law. SECTION XIII. JURY TRIAL Paragraph I. Right of Trial by Jury. Except where it is otherwise provided in this Constitution, the right of trial by jury shall remain in violate. However, the General Assembly may prescribe any number, not less than five, to constitute a trial or traverse jury except in the Su perior Court. Paragraph II. Selection of Jurors. The General Assembly shall pro vide by law for the selection of the most experienced, intelligent, and upright men to serve as traverse jurors. However, the grand jurors shall be competent to serve as traverse jurors. The General Assembly shall have the power to require jury service of women also under such regu lations as the General Assembly may prescribe. Paragraph III. Compensation of Jurors. It shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in all counties in this State. SECTION XIV. WHAT COURTS MAY BE ABOLISHED Paragraph I. Power to Abolish Courts. All courts not specially mentioned by name in the first Section of this Article may be abolished in any county at the discretion of the General Assembly. Paragraph II. Supreme Court Cost; Pauper Oath. The cost in the Supreme Court and Court of Appeals shall not exceed $15.00 until other wise provided by law. Plaintiffs in error shall not be required to pay costs in said courts when the usual pauper oath is filed in the court below. ARTICLE VII. FINANCE, TAXATION, AND PUBLIC DEBT SECTION I. POWER OF TAXATION Paragraph I. Taxation a Sovereign Right. The right of taxation is a sovereign right--inalienable, indestructible--is the life of the State, and rightfully belongs to the people in all republican governments, and neither the General Assembly nor any other departments of the government established by this Constitution shall ever have the authority to ir revocably give, grant, limit, or restrain this right. All laws, grants, contracts, and all other acts whatsoever by said government or any department thereof to affect any of these purposes shall be and are hereby declared to be null and void for every purpose whatsoever. The right of taxation shall always be under the complete control of and revocable by the State, notwithstanding any gift, grant, or contract THURSDAY, FEBRUARY 14, 1974 2313 whatsoever by the General Assembly. The power to tax corporations and corporate property shall not be surrendered or suspended by any contract or grant to which the State shall be a party. Paragraph II. Taxing Power Limited. The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth mill on each dollar of the value of the property taxable in the State; provided, however, that until some other method permitted by he laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate exceeding five mills on each dollar of the value thereof. Paragraph III. Uniformity: Classification of Property, (a) All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects with in the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property, including money. The General Assembly shall have the power to classify property, in cluding money for taxation, and to adopt different rates and different methods for different classes of such property. (b) The General Assembly shall be authorized to enact legislation treating any and all motor vehicles, including trailers, as a separate class from other classes of tangible property for ad valorem property tax pur poses; to adopt different rates, methods, or assessment dates for the taxa tion of such property; and to enact legislation consistent herewith to prevent any person, firm, or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles. (c) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities but not at a greater basis of value nor at a higher rate of taxation than other properties. Paragraph IV. Exemptions from Taxation, (a) The General As sembly may exempt certain property used for religious, educational, and charitable purposes, provided the property so 'exempted not be used for the purpose of private or corporate profit and income distributable to shareholders in corporations owning such property or to other owners of such property, and provided any income from such property is used ex clusively for religious, educational, and charitable purposes or for either one or more of such purposes and for the purpose of maintaining and operating such institution, and provided also that such donations of property shall not be predicated upon an agreement, contract, or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. Property which may be exempted from taxation subject to the provisions hereinabove includes: (1) Places of religious worship or burial and all property owned by religious groups used only for residential purposes and from which no income is derived; (2) All institutions of purely public charity; 2314 JOURNAL OF THE HOUSE, (3) All intangible personal property owned by or irrevocably held in trust for the exclusive benefit of religious, educational, and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; (4) The real and personal estate of any public library, and that of any other literary association, used by or connected with such library; (5) All books and philosophical apparatus and all paintings and statuary of any company or association kept in a public hall and not held as merchandise or for purposes of sale or gain; (6) All buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate and provided further that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public; (7) The property of nonprofit hospitals used in connection with their operation, provided that such hospitals have no stockholders and no income or profit which is distributed to or for the benefit of any private person and are subject to the laws of Georgia regulating nonprofit or charitable corporations. This exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon. (b) The General Assembly also may exempt any of the following property from taxation: (1) Farm products, including baled cotton, grown in this State and remaining in the hands of producer, but only for the year next after their production; (2) Intangible personal property owned by a trust forming part of a pension, profit sharing or stock bonus plan if such trust is exempt from federal income tax under Section 401 (a) of the Federal Internal Revenue Code; (3) Any facilities which shall be installed or constructed for the primary purpose of eliminating or reducing air or water pollution. The General Assembly is authorized to provide for the manner in which such exemption shall be granted and to prescribe the prereq uisites which shall be required to be met before any such exemption shall be granted, including the designation of any appropriate State agency or organization to which the General Assembly shall be au thorized to delegate any and all powers necessary and appropriate to carry out the purposes and responsibilities of this provision; (4) All personal clothing and effects, household furniture, furn ishings, equipment, appliances, and other personal property used within the home, if not held for sale, rental or other commercial use; THURSDAY, FEBRUARY 14, 1974 2315 (5) All tools and implements of trade of manual laborers and domestic animals. Such exemption shall not exceed $300.00 in actual value; (6) All public property. (c) The homestead of each resident of each independent school district or county school district or both who is 62 years of age or over and who does not have an income from all sources exceeding $6,000.00 per annum, including the incme from all sources of all members of the family resid ing within the homestead, may be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire county school bond indebtedness. No such exemp tion shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of such city or the tax commissioner or tax receiver of such county, giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiv ing the benefits of the exemption granted by this paragraph as will enable the governing authority of such city or the tax commissioner or tax receiver of such county to make a determination as to whether such owner is entitled to said exemption. The governing authority of the city or the tax commissioner or tax receiver of the county involved shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 1, 1972. (d) The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, county, and school purposes, except taxes levied by municipal corporations for school purposes and except to pay interest on and retire bonded indebtedness. The General Assembly may lower said exemption to not less than $1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. The exemptions shall be returned and claimed in such manner as prescribed by the General As sembly. The exemption herein provided for shall not apply to taxes levied by municipal corporations. (e) Each disabled veteran, as herein defined, who is a citizen and resident of Georgia is hereby granted an exemption of $12,500.00 on a homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal, and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term "disabled veteran", as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States com mand or otherwise, and who is disabled, as a result of service in the armed forces, due to loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair; or due to blindness in both eyes, having only light percep tion, plus loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. 2316 JOURNAL OF THE HOUSE, (f) Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia is hereby granted an exemption from all ad valorem taxes on the vehicle which he owns and on which he actually places the free HV vehicle license plates he receives from the State of Georgia, such exemption being from all ad valorem taxation for State, county, municipal, and school purposes. The term "disabled veteran", as used herein, means any veteran who was discharged under other than dishonorable conditions, who served on active duty in the armed forces of the United States or on active duty in a reserve component of the United States including the National Guard, and who is receiving or who is entitled to receive a statutory award from the Veterans Administration for: (1) loss or permanent loss of use of one or both feet; (2) loss or permanent loss of use of one or both hands; (3) loss of sight in one or both eyes; (4) permanent impairment of vision of both eyes or the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye. (g) Each person who is 65 years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence; provided his net income from all sources together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, and including benefits received from any retirement or pension fund when such benefits are based on con tributions made thereto by the person or his spouse, but not including any federal old-age survivor or disability benefits, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall re main subject to taxation. Any such owner shall not receive the benefits of this homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether the owner is entitled to this exemption. The tax commissioner or tax receiver shall provide af fidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemptions, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. After any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be neces sary that he make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commis sioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly THURSDAY, FEBRUARY 14, 1974 2317 may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1972. (h) The exemptions granted to the homestead within this Paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such ex emptions 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 claim the exemp tions granted by this Paragraph in the manner herein provided. (i) The common voting stock of a subsidiary corporation not doing business in this State shall be exempt from all ad valorem intangible taxes in this State if at least 90 percent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary. (j) All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void. (k) All exemptions from taxation authorized by this Paragraph heretofore granted by the General Assembly shall remain in full force and effect until changed by the General Assembly as herein authorized. (1) All laws exempting from taxation property other than the prop erty herein enumerated shall be void. SECTION II. PURPOSES AND METHOD OF TAXATION Paragraph 1. Taxation, how and for what Purposes Exercised. The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only: 1. For the support of the State government and the public insti tutions. 2. For educational purposes. 3. For school lunch purposes. 4. To pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music, and athletic pro grams within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program. 5. To pay the principal and the interest on the public debt and to provide a sinking fund therefor. 2318 JOURNAL OF THE HOUSE, 6. To suppress insurrection, to repel invasion, and to defend the State in time of war. 7. To make provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried. 8. To construct and maintain State buildings and a system of State highways, airports, and docks. 9. For public health purposes. 10. To advertise and promote the agricultural, industrial, historic, recreational, and natural resources of the State of Georgia. 11. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind and to dependent children, and for the payment of other welfare benefits; provided that no person shall be entitled to the assistance herein authorized who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly which may be in force and effect prescribing the qualifications for beneficiaries hereunder. No in debtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under acts of the General Assembly authorized hereunder for such purposes. 12. To provide insurance and retirement benefits for public officers and employees and public school employees, including but not limited to teachers, school bus drivers, school lunchroom personnel, school maintenance personnel, and school custodial personnel, their dependents and survivors, and to make such employer contributions under federal old-age and social security programs as may be necessary or desirable to provide coverage and participation therein by the aforesaid em ployees, their dependents and survivors, as may be authorized by law. 13. To support the retirement systems which have heretofore re ceived support from State funds. 14. To make grants to municipal corporations in such manner and form and under such procedure as the General Assembly may prescribe. 15. To make loans to local public industrial development agencies through an Industrial Development Commission which may be created by the General Assembly. The Industrial Development Commission may make loans to be secured by second mortgages to such industrial de velopment agencies as the commission may select; provide that said agencies shall have raised sufficient capital and secured commitments for additional financing which, in addition to the loan to be extended by said commission, will adequately insure the completion of said project. 16. For public transportation of passengers for hire which is an essential governmental function and a public purpose for which the power of taxation by the State may be exercised and its public funds expended; provided, however, that the State of Georgia shall not provide more than ten percent of the total cost, either directly or indirectly. The General Assembly is authorized to provide for the implementation of this provision including the granting of public funds to any public corporation or authority established by the General Assembly for the performance of the aforesaid function and purpose or the contracting, through appropriate departments or instrumentalities of State govern- THURSDAY, FEBRUARY 14, 1974 2319 ment, with any such public corporation of authority established by the General Assembly for performance of the aforesaid function and pur pose. 17. For the promotion of the production, marketing, sale, use and utilization, processing, and improvement of any one or all of the agri cultural products including, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide that such a program, including pro visions for quality and/or product control, may be instituted, continued, or terminated by a specified vote of the producers of the product or prod ucts affected participating in a referendum submitting such proposal for their approval. The General Assembly may create instrumentalities, public corporations, authorities, and commissions to administer such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower, or repeal assessments, fees, or other charges upon the sale or processing of the affected prod ucts, and to collect the same, after approval by a specified vote of the producers of the affected product in a referendum; and may authorize the acceptance of gifts and donations; and may provide for the disposi tion of any funds arising under any such program without the necessity of such funds being placed in the State fund or being appropriated by the General Assembly. The General Assembly may provide for the su pervision of any such program by the Department of Agriculture. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products. Paragraph II. Revenue to Be Paid into General Fund. All money collected from taxes, fees, and assessments for State purposes, as au thorized by revenue measures enacted by the General Assembly, shall be paid into the General Fund of the State and shall be appropriated there from, as required by this Constitution, for the purposes set out in this Section and for these purposes only. SECTION III. STATE DEBT Paragraph I. Purposes for which Debt May Be Incurred: Limita tions. Notwithstanding any other provision of this Constitution, the State may incur public debt as follows: (a) The State may incur public debt without limit to repel inva sion, suppress insurrection, and defend the State in time of war. (b) The State may incur public debt to supply such temporary deficit as may exist in the State fund in any fiscal year because of nec essary delay in collecting the taxes of that year; but the debt so in curred shall not exceed, in the aggregate, five percent of the total reve nue receipts, less refunds, of the State fund in the fiscal year immedi ately preceding the year in which such debt is incurred. Any debt so 2320 JOURNAL OF THE HOUSE, incurred shall be repaid out of the taxes levied for the fiscal year in which the loan is made. Such debt shall be payable on or before the last day of the fiscal year in which it is incurred, and no such debt may be incurred in any fiscal year under the provisions of this Subparagraph if there is then outstanding unpaid debt from any previous fiscal year which was incurred under the provisions of this Subparagraph. (c) The State may incur public debt of two types for public pur poses pursuant to this Paragraph: general obligation debt and guaran teed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the State, its agencies, departments, institutions, and those State authorities which were created and activated prior to the ratifica tion in the 1960 General Election of the amendment to Article VII, Section VI, Paragraph I (a) of the 1945 Constitution proposed by a reso lution approved March 17, 1960 (Ga. Laws 1960, p. 1273). Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the State if such revenue obligations are issued to finance toll bridges, toll roads, any other land public transportation facilities or systems, or water or sewage treatment facilities or systems, or to make or purchase, or lend or deposit against the security of, loans to citizens of the State for educational purposes. No debt may be incurred under this Subparagraph at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subse quent fiscal year of the State under all contracts then in force to which the provisions of Article III, Section XI, Paragraph II(f) of this Con stitution are applicable, exceed 15 percent of the total revenue receipts, less refunds, of the State fund in the fiscal year immediately preceding the year in which any such debt is to be incurred; provided, however, no guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the State for outstanding or proposed guaranteed revenue debt for water or sewage treatment facilities or systems exceed one percent of the total revenue receipts, less refunds, of the State fund in the fiscal year immediately preceding the year in which any such debt is to be incurred; and provided, further, that the aggregate amount of guaranteed revenue debt incurred to make loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $18,000,000.00, and the highest aggregate amount of guaranteed revenue debt incurred to purchase, or to lend or deposit against the se curity of, loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $72,000,000.00. For the purpose of this Paragraph, annual debt service requirements shall mean the total principal and interest coming due in any fiscal year of the State; provided, however, with regard to any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date. THURSDAY, FEBRUARY 14, 1974 2321 (1) General obligation debt may not be incurred until the Gen eral Assembly has enacted legislation stating the purposes in gen eral or specific terms for which such issue of debt is to be incurred, specifying the maximum principal amount of such issue and appro priating an amount at least sufficient to pay the highest annual debt service requirements for such issue. All such appropriations for debt service purposes shall not lapse for any reason and shall con tinue in effect until the debt for which such appropriation was au thorized shall have been incurred; but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. In addition to the sum necessary to make all payments required to be made under contracts entitled to the protection of Article III, Section XI, Paragraph II(f) of this Constitution and to pay public expenses, the General Assembly shall raised by taxation each fiscal year such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt in curred hereunder. The General Assembly shall appropriate to a spe cial trust fund to be designated "State of Georgia General Obliga tion Debt Sinking Fund" such amounts as are necessary to pay an nual debt servivce requirements on all general obligation debt in curred hereunder. The sinking fund shall be used solely for the re tirement of general obligation debt payable therefrom. If the Gen eral Assembly shall fail to make any such appropriation or if for any reason the monies in the sinking fund are insufficient to make all payments required with respect to such general obligation debt as and when the same become due, there shall be set apart from the first revenues thereafter received, applicable to the general fund of the State, such amounts as are necessary to cure any such deficiency and shall immediately deposit the same into the sinking fund; pro vided, however, the obligation to make such sinking fund deposits shall be subordinate to the obligation imposed upon the fiscal offi cers of the State pursuant to the provisions of Article III, Section XI, Paragraph II(f) of this Constitution. Such revenues may be required to be set aside and applied as aforesaid at the suit of any holder of any general obligation debt incurred hereunder. The monies in the sinking fund shall be as fully invested as is practical, consistent with the requirements to make current principal and in terest payments. Any such investments shall be restricted to obli gations constituting direct and general obligations of the United States Government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States Govern ment, maturing no longer than 12 months from date of purchase. (2) Guaranteed revenue debt may not be incurred until the General Assembly has enacted legislation authorizing the guarantee of the specific issue of revenue obligations then proposed, reciting that the General Assembly has determined such obligations will be self-liquidating over the life of the issue, which determination shall be conclusive, specifying the maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue, which appropriation shall be paid upon the issuance of said obligations into a special trust fund to be designated "State of Georgia Guaranteed Revenue Debt Common Reserve Fund" to be held together with all other sums similarly appropriated as a common reserve for any payments which may be required by virtue of any guarantee entered into in connec- 2322 JOURNAL OF THE HOUSE, tion with any issue of guaranteed revenue obligations. All such ap propriations for the benefit of guaranteed revenue debt shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred; but the General Assembly may repeal any such appropriation at any time prior to the payment of the same into said common reserve fund which shall be held and administered by the State. If any payments are required to be made from the fund to meet debt service requirements on guaranteed revenue obligations by virtue of an insufficiency of revenues, the amount necessary to cure such deficiency shall be paid from the common reserve fund. The fund shall then be reimbursed from the general funds of the State within ten days following the commencement of any fiscal year of the State for any amounts so paid; provided, however, the obligation to make any such reimbursements shall be subordinate to the obliga tion imposed upon the fiscal officers of the State pursuant to Article III, Section XI, Paragraph II (f) of this Constitution and shall also be subordinate to the obligation hereinabove imposed to make sinking fund deposits for the benefit of general obligation debt. Such funds may be required to be applied as aforesaid at the suit of any holder of any such guaranteed revenue obligations. The amount to the credit of said common reserve fund shall at all times be at least equal to the aggregate highest annual debt service re quirements on all outstanding guaranteed revenue obligations en titled to the benefit of said fund. If said fund is in excess of the re quired amount at the end of any fiscal year of the State, such excess shall be transferred to the general funds of the State free of said trust. The funds in the said common reserve shall be as fully invested as is practical, consistent with the requirements of guar anteeing the principal and interest payments on the revenue obliga tions guaranteed by the State. Any such investments s,hall be re stricted to obligations constituting direct and general obligations of the United States Government or obligations unconditionally guar anteed as to the payment of principal and interest by the United States Government, maturing no longer than 12 months from date of purchase. (3) When any general obligation debt has first been incurred by the delivery of such debt to the purchasers thereof, then and from the date of such delivery, the State and all State institutions, departments, and agencies of the State shall be prohibited from entering into any contract, except contracts pertaining to guaran teed revenue debt, with any public agency, public corporation, au thority, or similar entity if such contract is intended to constitute security for bonds or other obligations issued by any such public agency, public corporation, or authority. From and after the date of such delivery, in the event any contract between the State or any State institution, department, or agency of the State and any pub lic agency, public corporation, authority, or similar entity, or any revenues from any such contract is pledged or assigned as security for the repayment of bonds or other obligations, then and in either such event, the appropriation or expenditure of any funds of the State for the payment of obligations under any such contract shall likewise be prohibited. All contracts entered into prior to the date of the first delivery of such general obligation debt shall continue to have the benefit of the protection afforded by the provisions of THURSDAY, FEBRUARY 14, 1974 2323 Article III, Section XI, Paragraph II(f) of this Constitution as fully and completely as though this provision had not been adopted and for as long as any such contract shall remain in force and ef fect. Nothing herein is intended directly or by implication to have any effect upon any provision of any such contract establishing lien rights, priorities regarding revenues, or otherwise providing protec tion to the holders of obligations secured by such contracts. (d) The State may incur general obligation debt or guaranteed rev enue debt to fund or refund any such debt or to fund or refund any obli gations issued upon the security of contracts to which the provisions of Article III, Section XI, Paragraph II(f) of this Constitution are ap plicable. The issuance of any such debt for the purposes of said funding or refunding shall be subject to the 15 percent limitation in Subparagraph (c) above to the same extent as debt incurred under said Subparagraph; provided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. In the event it is determined by the Georgia State Financing and Investment Commission that it is to the best interest of the State to fund or refund any such public debt or obligation, the same may be accomplished by resolution of the Georgia State Financing and Invest ment Commission hereinafter created without any action on the part of the General Assembly. Any appropriation made or required to be made with respect to the debt being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in con nection with such funding or refunding to the same extent and with the same effect as though the obligation to be issued had originally been authorized by action of the General Assembly as hereinabove set forth; provided the debt incurred in connection with any such funding or re funding shall be the same as that originally authorized by the General Assembly except that general obligation debt may be incurred to fund or refund obligations issued upon the security of contracts to which the provisions of Article III, Section XI, Paragraph II(f) of this Constitu tion are applicable, and the continuing appropriation required to be made under the said provisions of this Constitution shall immediately attach and inure to the benefit of the obligation to be issued in connec tion with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder; provided, further, the term of the funding or refunding issue shall not extend beyond the term of the original debt or obligation and the total interest on the funding or refunding issue shall not exceed the total interest to be paid on such original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred. Paragraph II. Faith and Credit of State-Pledged Debt May Be Validated. The full faith, credit, and taxing power of the State are hereby pledged to the payment of all public debt incurred under this Article and all such debt and the interest thereon shall be exempt from taxation. Such debt may be validated by judicial proceedings in the man ner provided by the General Assembly and such validation shall be incon testable and conclusive. 2324 JOURNAL OF THE HOUSE, Paragraph III. Georgia State Financing and Investment Commis sion; Duties. There is hereby created the Georgia State Financing and Investment Commission. The commission shall consist of the Governor, the President of the Senate, the Speaker of the House of Representa tives, the State Auditor, the Attorney General, the Commissioner of Ag riculture, and the Director of the Fiscal Affairs Division, Department of Administrative Services or his successor by whatever title possessed. The commission shall be responsible for the issuance of all public debt incurred hereunder and for the proper application of the proceeds of such debt to the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the purpose separately; but the proceeds thereof must be allocated, dis bursed, and used solely in accordance with the original purpose and without exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. The com mission shall be responsible for the investment of all proceeds to be ad ministered by it. The General Assembly may provide that income earned on any such investments may be used to pay operating expenses of the commission or placed in a common debt retirement fund and used to purchase and retire any public debt or any bonds or obligations issued by any public agency, public corporation, or authority which are secured by a contract to which the provisions of Article III, Section XI, Para graph II(f) of this Constitution are applicable. The commission shall be responsible for its own record keeping, reporting, and related admin istrative and clerical functions. The commission shall have such addi tional responsibilities, powers, and duties as shall be provided by law. Paragraph IV. State Aid Forbidden. Except as herein provided, the credit of the State shall not be pledged nor loaned to any individual, company, corporation, or association, and the State shall not become a joint owner or stockholder in or with any individual, company, associa tion, or corporation. Paragraph V. Construction. Paragraphs I, II, III and IV are for the purpose of providing a new and more effective method of financing the State's needs, and their provisions and any law hereafter enacted by the General Assembly in furtherance thereof shall be liberally construed to effect such purpose. Insofar as any such provisions or any such law may be inconsistent with any other provisions of this Constitution or of any other law, the provisions of such Paragraphs and laws enacted in furtherance thereof shall be controlling; provided, however, the pro visions of such Paragraphs shall not be so broadly construed as to cause the same to be unconstitutional and, in connection with any such construction, such Paragraphs shall be deemed to contain such implied limitations as shall be required to accomplish the foregoing. Paragraph VI. Assumption of Debts Forbidden. The State shall not assume the debt nor any part thereof of any county, municipal corpora tion, or political subdivision of the State unless such debt be contracted to enable the State to repel invasion, suppress insurrection, or defend itself in time of war; provided, however, that the amendment to the THURSDAY, FEBRUARY 14, 1974 2325 Constitution of 1945, proposed by an Act approved August 25, 1931 (Ga. Laws 1931, p. 97) ratified on November 8, 1932, and which provided for the assumption by the State of indebtedness of the several counties of the State as well as that of the Coastal Highway District, and the as sessments made against the counties of said district for the construc tion and paving, under certain conditions, of the public roads or high ways, including bridges, of the State and provided for the issuance of certificates of indebtedness so assumed, is continued of full force and effect until such indebtedness assumed by the State is paid and such certificates of indebtedness retired. Paragraph VII. Profit on Public Money. The receiving, directly or indirectly, by any State or county officer, or member or officer of the General Assembly of any interest, profits, or perquisites arising from the use or loan of public funds in his hands or monies to be raised through his agency for State or county purposes shall be deemed a felony and punishable as may be prescribed by law, a part of which punishment shall be a disqualification from holding office. Paragraph VIII. Certain Bonds not to Be Paid. The General As sembly shall have no authority to appropriate money either directly or indirectly to pay the whole or any part of the principal or interest of the bonds or other obligations which have been pronounced illegal, null, and void by the General Assembly and the constitutional amendments ratified by a vote of the people on the first day of May, 1877; nor shall the General Assembly have authority to pay any of the obligations cre ated by the State under laws passed during the late War Between the States nor any of the bonds, notes, or obligations made and entered into during the existence of said war, the time for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the General Assembly pass any law or the Governor or any other State official enter into any contract or agreement whereby the State shall be made a party to any suit in any court of this State or of the United States instituted to test the validity of any such bonds or obligations. Paragraph IX. Sale of State's Property to Pay Bonded Debt. The proceeds of the sale of the Western and Atlantic Railroad and any other property owned by the State, whenever the General Assembly may authorize the sale of the whole or any part thereof, shall be applied to the payment of the bonded debt of the State and shall not be used for any other purpose whatsoever so long as the State has any existing bonded debt; provided that the proceeds of the sale of the Western and Atlantic Railroad shall be applied, in preference to all other bonds, to the payment of the bonds for which said railroad has been mortgaged. Paragraph X. State Sinking Fund. In addition to the sum required to pay the public expenses, the General Assembly shall raise by taxa tion each year such amounts as are necessary to pay the interest on the public debt and the principal of the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not been matured. The amount of such annual levy shall be determined after consideration of the amount then held in the sinking fund. The taxes levied for such purposes and the said sinking fund shall be applied to no other purpose whatever. The funds in the 2326 JOURNAL OF THE HOUSE, said sinking fund may be invested in the bonds of the State and also in bonds and securities issued by the federal government and subsidi aries of the federal government, fuly guaranteed by that government. If the said bonds are not available for purchase, the funds in the sink ing fund may be loaned, with the approval of the Governor, when am ply secured by bonds of the State or federal government, upon such conditions as may be provided by law. ARTICLE VIII. EDUCATION SECTION I. PUBLIC EDUCATION Paragraph I. System of Common Schools; Free Tuition. The pro vision of an adequate education for the citizens shall be a primary ob ligation of the State of Georgia. The General Assembly by taxation shall provide funds for an adequate education for the citizens of Georgia. SECTION II. STATE BOARD OF EDUCATION Paragraph I. State Board of Education; Method of Appointment. There shall be a State Board of Education to be composed of one mem ber from each Congressional District in the State, who shall be ap pointed by the Governor with the advice and consent of the Senate. The Governor shall not be a member of the board. The members of the board in office at the time of the ratification of this Constitution shall serve out the remainder of their respective terms. Thereafter, all suc ceeding appointments shall be for seven-year terms from the expiration of the previous term. Vacancies upon the board caused by expiration of terms of office shall be similarly filled by appointment and confrom any other cause other than the expiration of a member's term of from any other cause other than the expiration of a member's term of office, the board shall by secret ballot elect his successor who shall hold office until the end of the next session of the General Assembly. If the General Assembly is in session, the successor shall hold office until the end of that session. During such session of the General Assembly, the Governor shall appoint for the unexpired term the successor to the board member and shall submit the successor's name to the Senate for con firmation. All members of the board shall hold office until their suc cessors are appointed and qualified. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public education institution or by the State Department of Education shall be eligible for appointment or service on the board. No person who is or has been connected with or employed by a school book publishing con cern shall be eligible to membership on the board. If any member shall become so connected or employed, his place shall immediately become vacant. The board shall have the powers and duties provided by law at THURSDAY, FEBRUARY 14, 1974 2327 the time of the ratification of this Constitution together with such fur ther powers and duties as may be hereafter provided by law. SECTION III. STATE SCHOOL SUPERINTENDENT Paragraph I. Election, Term, etc. of State School Superintendent. There shall be a State School Superintendent who shall be the executive officer of the State Board of Education and shall be elected at the same time, in the same manner, and for the same terms as that of the Gov ernor. The State School Superintendent shall have the qualificatiors and the compensation fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which he shall have been appointed. SECTION IV. BOARD OF REGENTS Paragraph I. University System of Georgia; Board of Regents. There shall be a Board of Regents of the University System of Georgia which shall be vested with the power to govern, control, and manage the University System of Georgia and all of the institutions in the system. The board shall consist of one member from each Congressional District in the State and five additional members from the State at large ap pointed by the Governor and confirmed by the Senate. The Governor shall not be a member of the board. The members in office at the time of the ratification of this Constitution shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments shall be for seven-year terms from the expiration of the previous term. Vacan cies upon the board caused by expiration of term of office shall be filled by appointment and confirmation. In case of a vacancy on the board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot elect his successor who shall hold office until the end of the next session of the General Assembly. If the General Assembly is in session, the successor shall hold office until the end of that session. During such session of the General Assembly, the Governor shall appoint for the unexpired term the successor to the board member and shall submit the successor's name to the Senate for confirmation. All members of the board shall hold office until their successors are appointed. The board shall have the powers and duties provided by law at the time of the ratification of this Constitution together with such further powers and duties as may be hereafter provided by law. SECTION V. LOCAL SCHOOL SYSTEMS Paragraph I. School Districts. Authority is granted to counties and area school districts to establish and maintain public schools. Ex isting county school districts and independent school systems shall be 2328 JOURNAL OF THE HOUSE, continued, except that the General Assembly may provide, by special or local law, for the consolidation or merger of any two or more county school districts, independent school systems, or any portion or com bination thereof into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in a referendum held in each school district or system being consolidated or merged, provided that 51 percent of the registered voters in each district or system concerned vote in the affirmative. Any area school district so established shall constitute a separate political subdivision of the State. Any school district or system consolidated or merged hereunder shall be abolished as such, and the title to all its school properties and assets shall vest in the area school district. Paragraph 11. Boards of Education. Each school district or system shall have a board of education. (a) Except as provided by Subparagraph (b) herein or as provided in any local constitutional amendment applicable to any county school district, the grand jury of each county shall select five citizens from their respective counties, who shall constitute the county board of education. The members of the board in office at the time of the ratifica tion of this Constitution shall serve out the remainder of their respec tive terms. Thereafter, all succeeding appointments shall be for fiveyear terms from the expiration of the previous term. In case of a va cancy on the board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot elect his successor who shall hold office until the next grand jury convenes. At that time the grand jury shall appoint for the unexpired term the successor to the board member. The members of a a county board of education shall be selected from that portion of the county not embraced within the territory of an indepen dent school district. (b) Notwithstanding the provisions contained in Subparagraph (a) or in any local constitutional amendment applicable to any county school district, the number of members of a county board of education, their terms of office, residence requirements, compensation, manner of election or appointment, and the method for filling vacancies occurring on the board may hereafter be changed by local or special law condi tioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. The county boards of education shall have such powers and duties and the members shall have such further qualifications as may be provided by law. (c) The number of members of an area board of education, their manner of election or appointment, their terms, residence requirements, qualifications, powers, duties, and the method for filling vacancies on the boards shall be as provided by the law creating the area board of education and may be changed subsequently by local or special law con ditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Area boards of education shall have such powers and duties and the members shall have such further qualifications as may be provided by law. THURSDAY, FEBRUARY 14, 1974 2329 (d) The General Assembly shall have authority to make provision for local trustees of each school in a county system and to confer authority upon them to make recommendations as to budgets and em ployment of teachers and other authorized employees. Paragraph III. Meetings of Boards of Education. All official meet ings of county boards of education shall be open to the public. Paragraph IV. Power of Boards to Contract with Each Other. Any two or more county boards of education, independent school systems, area boards of education, or any combination thereof may contract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law to perform. Paragraph V. School Superintendents. There shall be a school su perintendent of each school district or system who shall be the chief administrative officer of the board of education. (a) Except as provided in Subparagraph (b) herein or as provided in any local constitutional amendment applicable to any county school superintendent, the county school superintendent shall be elected by the people and his term of office shall be for four years and run concur rently with other county officers. The qualifications and the salary of the county school superintendent shall be fixed by law. (b) Notwithstanding provisions contained in Subparagraph (a) or in any local constitutional amendment applicable to any county school superintendent, the term of office of any county school superintendent, his residence requirements, and the method of his election or appoint ment may hereafter be changed by local or special laws conditioned upon approval by a majority of the qualified voters of the county school districts voting in a referendum thereon. A county school superinten dent shall have such qualifications, powers, duties, and compensation as may be provided by law. (c) The term of office of any area school district superintendent, his residence requirements, the manner of his election or appointment, his qualifications, powers, duties, and compensation shall be as provided by the law creating the area board of education and may be changed subsequently by local or special law conditioned upon approval by a majority of the qualified voters in each of the original political subdivi sions of the area school district voting in a referendum thereon. Area school superintendents shall have the powers, duties, and further qualifications as provided by law. Paragraph VI. Independent Systems Continued; New Systems Pro hibited. Authority is granted to municipal corporations to maintain ex isting independent school systems and support the same as authorized by special or general law. Existing systems may add colleges thereto. No independent school system shall hereafter be established. Paragraph VII. Certain Systems Protected. Public school systems established prior to the ratification of the Constitution of 1877 shall not be affected by this Constitution. 2330 JOURNAL OF THE HOUSE, SECTION VI. GRANTS, BEQUESTS, AND DONATIONS Paragraph I. Grants, Bequests, and Donations Permitted. The State Board of Education and the Board of Regents of the University System of Georgia may accept bequests, donations, and grants of land or other property for the use of their respective systems of education. Paragraph II. Grants, Bequests, and Donations to County Boards of Education and Independent School Systems. County boards of educa tion and independent school systems may accept bequests, donations, and grants of land or other property for the use of their respective sys tems of education. SECTION VII. LOCAL TAXATION FOR EDUCATION Paragraph I. County Taxation for Education. For the support and maintenance of education, the fiscal authority of each county shall an nually levy a school tax upon the assessed value of all taxable property within the county located outside any independent school system or area school district therein. The tax shall not exceed 20 mills per dollar as certified by the county board of education. Since the independent school system of Chatham County and the City of Savannah is coexten sive with the county, the levy of the school tax shall be on all property in the county as recommended by the governing body of the school system. The certification to be made by an area board of education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by local law applicable thereto. Upon such certification being made, it shall be the duty of the fiscal authorities to levy the tax in accordance with the certification; but the levy shall not be greater than 20 mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education, and activities necessary or incidental thereto including school lunch purposes. Paragraph II. Increased or Removing Tax Rate. The 20 mill limita tion provided in Paragraph I above may be removed or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. In order to instigate the procedure, the county or area board of education must pass a resolution recommending that the limitation be removed. Upon presentation of such resolution to the ordinary or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within ten days of receipt of the resolution, to issue the call for an election to determine whether the limitation shall be removed. The election shall be set to be held on a date not less than 30 nor more than 45 days from the date of the issuance of the call. The date and purpose of the election shall be published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly vote THURSDAY, FEBRUARY 14, 1974 2331 in favor of such proposal, there shall be no limitation in the county or in the territories comprising the area school district, and the county or area board of education may recommend any number of mills for the purposes set out in Paragraph I above. In lieu of recommending that the limitation be removed entirely, the county or area board of educa tion may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increasing the tax limitation shall be the same as for removing the tax limitation. It the proposal is favorably voted upon, the county or area board may recommend up to the specified amount. It shall be the duty of the ordinary or the proper authorities, as the case may be, to hold the election, to canvass the returns, and to declare the results. It shall also be their duty to certify the results to the secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district as the case may be. SECTION VIII. FREEDOM OF ASSOCIATION Paragraph I. Freedom of Association. Freedom from compulsory association at all levels of public education shall be preserved inviolate. SECTION IX. SPECIAL SCHOOLS Paragraph I. Special School; Creation; Taxes and Bonds. Pursuant to local law enacted by the General Assembly, the board of education of any county, area school district, independent school system, or any combination thereof, may establish -one or more area schools, including special schools such as vocational trade schools, schools for exceptional children, and schools for adult education, in one or more of such political subdivisions. The establishment and operation of special schools pursuant to local law and any subsequent amendments thereof shall be first approved by a majority of the voters, in each of the school districts or systems affected thereby, voting in separate referendums held in the manner provided by law. The government, powers, and duties of boards of education participating in the establishment or operation of such schools and respecting such schools shall be defined in the local law authorizing the same. The participating political subdivision shall be authorized to incur bonded indebtedness to require the levy of school tax funds required for the establishment and operation of special schools in the amount and manner as shall be provided by local law. Schools established pursuant to provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Educa tion pursuant to provisions of law. The State is authorized to expend funds for the support and maintenance of special schools in the amount and manner as may be provided by law. Special schools, including voca tional trade schools, established prior to November 8, 1966, pursuant to the authority of this Constitution in effect prior to that date, shall not be affected by this Paragraph. Any political subdivision which estab lished a special school is authorized to levy taxes for the support of the school regardless of whether it is located within the territorial limits of 2332 JOURNAL OF THE HOUSE, that subdivision and is authorized to incur bonded indebtedness for the support of or acquisition and construction of facilities for the school. Any such bonded indebtedness shall be incurred pursuant to provisions of Article IX, Section VI of this Constitution and the laws of this State relative to incurring other bonded indebtedness. The State is authorized to expend funds for the support of established special schools in the amount and manner as may be provided by law. ARTICLE IX. COUNTIES AND MUNICIPAL CORPORATIONS SECTION I. COUNTIES Paragraph I. Counties a Corporate Body; Boundaries. Each county shall be a body corporate with such powers and limitations as may be prescribed by law. All suits by or against a county shall be in the name thereof. The metes and bounds of the several counties shall remain as prescribed by law unless changed as hereinafter provided. Paragraph II. Number Limited; Exceptions. There shall not be more than 159 counties in this State. No new county shall be created except by the consolidation or merger of existing counties. Paragraph III. County Lines. County lines shall not be changed unless under the operation of a general law for that purpose. Paragraph IV. County Sites Changed; Method. No county site shall be changed or removed except by a two-thirds vote of the qualified voters of the county voting at an election held for that purpose and by a majority vote of the General Assembly. Paragraph V. Method of County Consolidation, Merger, or Division. The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon in each of the counties affected, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county and the merger of portions thereof into other counties. Upon the filing with the ordinary of any county of a petition signed by not less than 20 percent of the duly qualified voters of such county seek ing such merger, consolidation, or division, it shall be the duty of such ordinary to transmit a certified copy of such petition to each ordinary of all other counties affected thereby. It shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecu tive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected expressing favor or approval of the original petition and signed by not less than 20 percent of the duly qualified voters voting therein, it shall thereupon be the duty of the ordinaries of all the counties af- THURSDAY, FEBRUARY 14, 1974 2333 fected by such petitions to certify the fact of such petitions to the Governor. It shall then be the duty of the Governor to immediately call an election on the same day in each such county to be held not later than 50 days and not sooner than 30 days after the filing of the last petition. Notice thereof shall be published once a week for two weeks in the newspaper in each county in which the sheriff's advertise ments are published. However, only one such election shall be called by the Governor within any twelve-month period. The ordinaries of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor who shall issue his proclamation there on. The results shall become effective at such time as may be prescribed by law but not later than two years following the date of such election, as hereinafter referred to. Any election held pursuant to the call of the Governor hereunder shall be null and void unless 51 percent of the registered voters of the portion or portions of the counties affected shall have voted in the election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected. At the session of the General Assembly next following such election, the county site shall be changed by law without regard to the provisions of Paragraph IV hereof. The General Assembly shall likewise provide by law for the effective date of such merger, con solidation, or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials where required. The General Assembly shall have power to further implement this Paragraph by law. Paragraph VI. County Government Uniform; Exceptions. What ever tribunal or officers may be created by the General Assembly for the transaction of county matters shall be uniform throughout the State and of the same name, jurisdiction, and remedies, except that the General Assembly shall have power to provide for the creation of county commissioners in such counties as may require them and to define their duties, may abolish the office of county treasurer in any county, may fix the compensation of county treasurers, and may con solidate the offices of tax receiver and tax collector in the office of tax commissioner and may fix his compensation without respect to uni formity. Paragraph VII. County Officers; Election; Term; Removal; Eligi bility. The county officers shall be elected by the qualified voters of their respective counties or districts and shall hold their office for four years. They shall be removed upon conviction for malpractice in office. No person shall be eligible for any of the offices referred to in this Para graph unless he shall have been a resident of the county for two years and is a qualified voter. Paragraph VIII. Compensation of County Officers. County officers may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner as may be directed by law. Paragraph IX. Home Rule for Counties, (a) The governing au thority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which is not inconsistent with this Constitution or any 2334 JOURNAL OF THE HOUSE, local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit, or other wise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify, or supersede any action taken by a county governing authority under this Section except as authorized under Paragraph X hereof. (b) Except as provided in Paragraph X hereof, a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the pro cedures hereinafter set forth: (1) Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than 60 days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of 60 days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examina tion and inspection by the public. Upon written request, the clerk of the superior court shall furnish anyone a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in (2) of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a ref erendum by the electors of such county unless at least 12 months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. (2) In cases of counties with a population of 5,000 or less, amendments to or repeals of such local acts or ordinances, resolu tions, or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the ordinary of the county containing the signatures of at least 25 percent of the electors registered to vote in the last general election; in cases of counties with a population of more than 5,000 but not more than 50,000, at least 20 percent of the electors registered to vote in the last general election; and in cases of a county with a population of more than 50,000, at least ten percent of the electors registered to vote in the last general election. The petition shall specifically set forth the exact language of the proposed amendment or repeal. The ordinary shall determine the validity of the petition within 60 days of its being filed with the ordinary. In the event the ordinary determines that the petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting an amendment or repeal to the registered electors of the county for their approval or rejec tion. Such call shall be issued not less than ten nor more than 60 days after the date of the filing of the petition. The ordinary shall set the date of the election for a day not less than 60 nor more than 90 days after the date of such filing. The ordinary shall cause a THURSDAY, FEBRUARY 14, 1974 2335 notice of the date of the election to be published in the official organ of the county once a week for three weeks immediately preceding such date. The notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the ordinary of the county for the purpose of examination and inspection by the public. Upon written request, the ordinary shall furnish anyone a copy of the proposed amendment or repeal. If more than one-half of the votes cast on the question are for approval of the amendment or repeal, it shall become of full force and effect; otherwise it shall be void and of no force and effect. The expense of the election shall be borne by the county and it shall be the duty of the ordinary to hold and conduct the election. The election shall be held 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 in accordance with the provisions of Paragraph XIII of this Section. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. In the event the ordinary determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid. Such publication shall be in the of ficial organ of the county in the week immediately following the date on which such petition is declared to be not valid. In any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Paragraph X: County Home Rule Exceptions. The power granted to counties in Paragraph IX above shall not be construed to extend to th following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such mat ters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution: 1. action affecting any elective county office, the salaries thereof, or the personnel thereof except the personnel subject to the jurisdiction of the county governing authority; 2. action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the county governing authority; 3. action defining any criminal offense of providing for crimina1 punishment; 4. action adopting any form of taxation beyond that author by law or by this Constitution; 2336 JOURNAL OF THE HOUSE, 5. action extending the power of regulation over any business activity regulated by the Public Service Commission beyond that au thorized by local or general law or by this Constitution; 6. action affecting the exercise of the power of eminent domain; 7. action affecting any court or the personnel thereof; 8. action affecting any public school system. The power granted in Paragraph IX above shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power. Nothing in this Paragraph shall affect the provisions of Paragraphs XI and XII of this Section. Paragraph XI. Salary of County Employees, how Fixed. The gov erning authority of each county is authorized to fix the salary, com pensation, and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospital benefits for the employees. Paragraph XII. Filing and Publication of Laws. No amendment or revision of any local act made pursuant to Paragraph IX of this Section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that the notice has been published as provided in that Paragraph, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually. Paragraph XIII. Existing Local Constitutional Amendments Con tinued. The powers granted by this Section shall be cumulative of all powers heretofore granted to counties by the Constitution of Georgia of 1945 and amendments thereto. This Section shall not operate to repeal any existing local constitutional amendments. SECTION II. MUNICIPAL CORPORATIONS Paragraph I. Home Rule for Municipal Corporations. The General Assembly is authorized to provide by law for the self-government of municipal corporations and to that end is expressly given the authority to delegate its powers so that matters pertaining to municipal corpora tions upon which, prior to November 2, 1954, it was necessary for the General Assembly to act, may be dealt with without the necessity of action by the General Assembly. Any powers granted as provided here in shall be exercised subject only to statutes of general application pertaining to municipal corporations. SECTION III. GENERAL PROVISIONS APPLICABLE TO ALL LOCAL UNITS Paragraph I. Consolidation of Governments; Submission to Voters. The General Assembly may provide by general law optional systems THURSDAY, FEBRUARY 14, 1974 2337 of consolidated county and municipal government providing for the organization and the powers and duties of its officers. Such optional systems shall become effective when submitted to the qualified voters of such county and approved by a majority of those voting. Paragraph II. Supplementary Powers. Any county, municipal corporation, or any combination thereof may exercise the following powers and provide the following services in addition to and supple mentary to any powers now conferred upon and possessed by them: 1. police and fire protection; 2. garbage and solid waste collection and disposal; 3. public health facilities and services including hospitals, ambu lance, emergency rescue services, and animal control; 4. street and road construction and maintenance including curbs, sidewalks, street lights and devices to control the flow of traffic on streets and roads constructed by counties and municipal corporations or any combination thereof; 5. parks, recreational areas, programs and facilities; 6. storm water and sewage collection and disposal systems; 7. development, .storage, treatment and purification and distribution of water; 8. public housing; 9. urban redevelopment programs; 10. public transportation system; 11. planning and zoning; 12. libraries; 13. terminal and dock facilities and parking facilities; 14. building, housing, plumbing, and electrical codes; 15. air pollution control. No city or county may exercise any such powers or provide 'any such service herein listed inside the boundaries of any other local governments except by contract with the city or county affected unless otherwise provided by any local or special law. No existing local or special laws or provision of this Constitution is intended to be hereby repealed. Each county, municipal corporation, or any combination thereof, shall have the authority to enact ordinances and to contract with each other in pursuance of this Paragraph for the purpose of carrying out and effectuating the powers herein conferred upon such political subdivisions and in order to provide such services. Any county, municipal corporation, and any combination thereof, or the General Assembly, may provide for the creation of special districts within which the above services Or any portion thereof shall be provided, and determine and fix reasonable 2338 JOURNAL OF THE HOUSE, charges and fees for such services. In addition, the powers of taxation and assessment may be exercised by any county, municipal corporation or any combination thereof, or within any such district, for the above powers and in order to provide such services. Paragraph III. Taxing Power Restricted. The General Assembly shall not authorize any county, municipal corporation, or political sub division of this State through taxation, contribution, or otherwise to be come a stockholder in any company, corporation, or association, or to appropriate money for or to loan its credit to any corporation, company, association, institution, or individual except for purely charitable pur poses. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits. Paragraph IV. Slum Clearance and Redevelopment. 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 redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse, 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. SECTION IV. COUNTY GOVERNMENT; TAXATION POWER Paragraph I. Power of County Government. The General Assembly may authorize any county to exercise the power of taxation for any public purpose as authorized by general law or by this Constitution. Unless otherwise provided by this Constitution or by law, no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution. Paragraph II. Purposes of Taxation. In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, counties are authorized to exercise the power of taxation for the following purposes, which are hereby declared to be public purposes, and to expend funds raised by the exercise of those powers for these public purposes and such other public purposes as may be authorized by the General Assembly: 1. pay the expenses of administration of the county government; 2. acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit system for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing; 3. provide for the operation of the courts, the maintenance and THURSDAY, FEBRUARY 14, 1974 2339 support of prisoners, and the handling of litigation affecting the county; 4. establish and conduct public health and sanitation programs and provide for the collection and preservation of records and vital statistics; 5. establish and maintain a county police department; 6. provide medical or other care and hospitalization for the indigent sick and to support paupers; 7. pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents; 8. establish and conduct programs of welfare benefits and public assistance as may be provided by law; 9. provide fire protection for forest lands and conserve natural resources; 10. provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalizaion benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors. Such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds; 11. establish and maintain a recreation system; 12. provide for paying the principal and interest of any debt of the county and to provide a sinking fund therefor; 13. provide for reasonable reserves for public improvements as may be fixed by law; 14. provide for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, includ ing school lunches, as provided in Article VIII of this Constitution. Taxes to implement this provision shall be levied upon the assessed value of all taxable property within the county, exclusive of any independent school system therein. Paragraph III. Establishment of Taxing Districts. Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas, or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing or authorizing the establishment of a special district or districts therefor, and authorizing such county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as provided by law. Paragraph IV. Eminent Domain. Any county is authorized to exercise the power of eminent domain for any public purpose. Paragraph V. Construction. Nothing herein shall be construed to repeal or modify the provisions of Article VIII, Section XII, Paragraph I of the Constitution of Georgia of 1945, as amended. 2340 JOURNAL OF THE HOUSE, Paragraph VI. Powers Limited. The powers granted in this Section shall be cumulative of all powers heretofore granted to counties and shall not operate to repeal any existing local constitutional amendments. SECTION V. CONTRACTS Paragraph I. Contracts for Use of Public Facilities, (a) The State, State institutions, any city, town, municipal corporation, or county of this State may contract for any period not exceeding 50 years with each other or with any public agency, public corporation, or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, State institutions, any city, town, municipal corporation, county, public agency, public corpora tion, or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake. (b) In connection with any contracts authorized by the preceding paragraph, any city, town, municipal corporation, or county of this State is empowered to convey to any public agency, public corpora tion, or authority, now or hereafter created, existing facilities operated by such city, town, municipal corporation, or county for the benefit of residents of such subdivisions; provided, however, the land, buildings, and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation, or authority; provided, further, such facilities are to be maintained and operated by such public agency, public corporation, or authority for the same purposes for which such facilities were operated by such city, town, municipal corporation, or county. Nothing in this Section shall restrict the pledging of revenues of such facilities by any public agency, public corporation, or authority. (c) Any city, town, municipal corporation, or county of this State, or any combination of the same, may contract with any public agency, public corporation, or authority for the care, maintenance, and hospitalization of its indigent sick; and may as a part of such contract obligate itself to pay for the cost of acquisition, construction, modernization, or repairs of necessary buildings and facilities by such public agency, public corporation, or authority; and may provide for the payment of such services and the cost to such public agency, public corporations, or authority of acquisition, construction, modernization, or repair of build ings and facilities from revenues realized by such city, town, municipal corporation, or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources. Paragraph II. Liability Insurance. The governing authority of each county is authorized in its discretion to purchase liability insurance to cover damages on account of bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation, or use of any motor vehicle by such county, whether as a result of a governmental undertaking or not, and to pay premiums therefor. The governing authority is authorized to levy a tax for such purpose. In the event of purchasing such insurance, the govern mental immunity of the county shall be waived to the extent of the amount of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity as a defense and may THURSDAY, FEBRUARY 14, 1974 2341 make only such defense as could be made if the insured were a private person. The county shall be liable only for damages suffered while such insurance is in force. No attempt shall be made in the trial of any action brought against the county to suggest the existence of any in surance which covers in whole or in part any judgment or award which may be rendered in favor of the plaintiff. If the verdict rendered by the jury exceeds the limitation of the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy. SECTION VI. LIMITATION ON COUNTY AND MUNICIPAL DEBTS Paragraph I. Debts of Counties and Cities, (a) The debt hereafter incurred by any county, municipal corporation, or political subdivision of this State, except as provided for in this Constitution, shall never exceed seven percent of the assessed value of all the taxable property therein. No such county, municipal corporation, or political subdivision shall incur any new debt, except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one percent of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipal corpora tion, or political subdivision voting in an election for that purpose to be held as prescribed by law. All laws, charter provisions, and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations, or political subdivisions of this State to pass upon the issuance of bonds by such counties, municipal corpora tions, or political subdivisions are declared to be null and void. The General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such counties, municipal corporations, or political subdivisions made prior to January 1, 1945, shall not be affected hereby; provided that any county or municipal corporation of this State may accept and use funds granted by the federal government or any agency thereof to aid in financing the cost of architectural engineering, economic investigations, studies, surveys, designs, plans, working drawings, speci fications, procedures, and other action preliminary to the construction of public works where the funds so used for the purposes specified are to be repaid within a period of ten years. (b) Every county is authorized to create debt by way of borrowing from private individuals, firms, corporations, or partnerships, as well as from the State, for the purpose of paying the whole or part of the cost of property valuation and equalization programs for ad valorem tax purposes and to contract for the repayment thereof and to issue notes or other like instruments as evidence of the obligation to repay the debt so contracted without being subject to any limit as to amount of such debt so created and without the necessity of approval thereof by the qualified voters of that county; provided that the debt shall be payable in one or more equal installments, one of which shall fall due at least each year but which may fall due each month, the last of which shall mature not more than seven years from the date of creation and shall not bear interest in excess of five percent per annum on unpaid principal; and a tax shall be levied on the taxable property of the county as may be needed to repay such debt so created; provided, however, that no county shall be empowered to create debt under the provisions of this 2342 JOURNAL OF THE HOUSE, paragraph for the purposes of a property valuation and equalization program until such program and all contracts to be entered into pursuant thereto shall have been approved by the State Revenue Com missioner and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried out in accordance with such rules and regulations pertaining to such programs as may be promulgated by the commissioner. Paragraph II. Levy of Taxes to Pay Bonds. Any county, municipal corporation, or political subdivision of this State which shall incur any bonded indebtedness under the provisions of this Constitution shall, at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of that debt within 30 years from the date of the incurring of the indebtedness. Paragraph III. When Additional Debt Authorized. In addition to the creation by any county, municipal corporation, or political subdivision of this State of any debt authorized in Paragraph I of this Section, any county, municipal corporation, or political subdivision of this State may incur a debt in excess of seven percent of the assessed value of all the taxable property therein upon the following conditions: Such additional debt, whether incurred at one or more times, shall not exceed in the aggregate, three percent of the assessed value of all the taxable property in such county, municipal corporation, or political subdivision; such additional debt shall be payable in equal installments within the five years next succeeding the issuance of the evidences of such debt. There shall be levied by the governing authorities of such county, municipal corporation, or political subdivision, prior to the issuance of such ad ditional debt, a tax collectible annually upon all of the taxable property within such county, municipal corporation, or political subdivision, suf ficient to pay in full the principal and interest of such additional debt as it becomes due. Such tax shall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate and shall be held, used, and applied solely for the payment of the principal and interest of such additional indebtedness; authority to create such additional indebtedness shall first have been authorized by the General Assembly; the creation of such ad ditional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipal corporation, or political subdivision at an election held for such purpose pursuant to and in ac cordance with the provisions of this Constitution and of the then existing laws for the creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those for calling, advertising, holding, and determining the result of the election and the votes necessary to authorize the creation of an indebtedness, are hereby made applicable to an election held for the purpose of authorizing such additional indebtedness. Paragraph IV. Temporary Loans Authorized; Conditions. In ad dition to the obligations hereinbefore allowed, each county, municipal corporation, or political subdivision of the State authorized to levy taxes and each county board of education is given the authority to make temporary loans between January 1 and December 31 in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of such county, municipal corporation, THURSDAY, FEBRUARY 14, 1974 2343 political subdivision, or county board of education outstanding at any one time shall not exceed 75 percent of the total gross income of such county, municipal corporation, political subdivision, or county board of education from taxes collected by such county, municipal corporation, political subdivision, or county board of education in the last preceding year. Each such loan shall be payable on or before December 31 of the calendar year in which such loan is made. No loan may be made in any year under the provisions of this Paragraph when there is a loan then unpaid which was made in a prior year under the provisions of this Paragraph. Each such loan shall be first authorized by resolution fixing the terms of such loan adopted by a majority vote of the governing body of such county, municipal corporation, political subdivision, or county board of education at a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county, municipal corporation, political subdivision, or county board of education shall incur in any one calendar year an aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipated revenue of such county, municipal corporation, political subdivision, or county board of education for such calendar year or issue in one calendar year notes, warrants, or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year. SECTION VII. REVENUE OBLIGATIONS Paragraph I. Revenue Bonds. Revenue bonds may be issued by any county, municipal corporation, or political subdivision of this State to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility when such county, municipal corpora tion, or political subdivision is authorized by an Act approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended, to construct and operate or to provide funds to extend, repair, or improve any such existing facility and to buy, construct, extend, operate, and maintain gas or electric generating and distribution systems together with all necessary appurtenances thereof. Such revenue bonds shall be payable, as to principal and interest, only from revenue produced by revenue-produc ing facilities of the issuing political subdivisions and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this Paragraph or any other paragraph of this Constitution. This authority shall apply only to revenue bonds issued to provide funds for the purchase, construction, extension, repair, or improvement of such facilities and undertakings as are specifically authorized and enumerated by the Act of 1957, as amended; and to buy, construct, extend, operate, and maintain gas or electric generating and distribution systems together with all necessary appurtenances thereof. However, any revenue certificates issued to buy, construct, extend, operate, and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for that purpose in the county, municipal corporation, or political subdivision affected. Furthermore, a majority of the registered voters of such county, municipal corporation, or political subdivision affected shall vote in the election which shall be held in the same manner as is used in issuing bonds by such county, municipal corporation, or political subdivision. The election shall be called and provided for by the officers in charge of the fiscal affairs of the 2344 JOURNAL OF THE HOUSE, county, municipal corporation, or political subdivision affected. No political subdivision of the State which has issued such bonds shall exercise the power of taxation for the purpose of paying the principal or interest on such revenue bonds or any part thereof. After a favorable election has been held as set forth above, if counties, municipal corpora tions, or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the proceeds of revenue certifi cates and extend their services beyond the limits of the county in which the municipal corporation or political subdivision is located, then its services rendered and property located outside the county shall be sub ject to taxation and regulation as are privately owned and operated utilities. Paragraph II. Revenue Bonds Authorized. The development of trade, commerce, industry, and employment opportunities is declared to be a public purpose vital to the welfare of the people of this State. The General Assembly may create development authorities to promote and further such purposes or may authorize the creation of such au thority by any county or municipal corporation or combinations thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation development authority obligations, properties, activities, or income and may authorize the is suance of revenue bonds by such authorities which shall not constitute an indebtedness of the State within the meaning of Section VI of this Article. The General Assembly may provide for the validation of any revenue bonds authorized and that such validation shall thereafter be in contestable and conclusive. Paragraph III. Refunding Bonds. The General Assembly is au thorized to create a commission and to vest such commission with the power to secure all necessary information and to approve or disapprove the issuance of bonds for the purpose of refunding any bonded indebted ness of any county, municipal corporation, or political subdivision of this State issued prior to the adoption of this Constitution. The commission shall have the authority to approve or disapprove the amount and terms of such refunding bonds and shall have such other powers, not in conflict with the provisions of this Constitution, as may seem proper to the General Assembly. Such refunding bonds shall be authorized only where such county, municipal corporation, or political subdivision does not have the funds available to meet the payment of outstanding bonded indebtedness through failure to levy and collect the required taxes or through failure to maintain the required sinking fund for such bonds. The General Assembly may approve the issuance of the refunding bonds under the conditions stated. Such refunding bonds shall not, together with all other outstanding bonded indebtedness, exceed the limits fixed by this Constitution for the maximum amount of bonded indebtedness which may be issued by such county, municipal corporation, or political subdivision and shall be otherwise governed by all of the terms and provisions of this Constitution. No bonds shall be issued under this Paragraph to refund any bonds issued after the ratification of the Constitution of 1945. Paragraph IV. Refunding Bonds to Reduce Bonded Indebtedness. The General Assembly is authorized to give to the commission the power to approve or disapprove the issuance of bonds to refund any outstand ing bonded indebtedness of any county, municipal corporation, or political subdivision now or hereafter issued for the purpose of reducing the THURSDAY, FEBRUARY 14, 1974 2345 amount payable, principal or interest on such bonded indebtedness, and provided that the issuance of such refunding bonds will reduce the amounts payable upon such outstanding bonds, principal or interest. Such refunding bonds shall replace such outstanding bonded indebted ness. The commission shall have the authority to approve or disapprove the terms of any such proposed refunding bonds. When approved by the commission and authorized by the governing authority of such county, municipal corporation, or political subdivision, the General Assembly may authorize the issuance of such refunding bonds issued for this purpose without an election by the qualified voters as otherwise required but in all other respects such refunding bonds shall comply with the provisions of this Constitution. Paragraph V. Sinking Funds for Bonds, (a) All amounts collected from any source for the purpose of paying the principal and interest of any bonded indebtedness of any county, municipal corporation, or political subdivision and providing for the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the year of such collection, shall be placed in a sinking fund to be held and used to pay off the principal and interest of such bonded indebtedness thereafter maturing. (b) The funds in such sinking fund shall be kept separate and apart from all other monies of such county, municipal corporation, or political subdivision and shall be used for no purpose other than that above stated. The governing authorities of such county, municipal corporation, political subdivision, or such other authority that has been created to hold and manage such sinking fund may invest and reinvest the money in such sinking fund in the bonds of such county, municipal corporation, or political subdivision and in bonds or obligations of the State of Georgia, of the counties and cities thereof, and of the government of the United States, of subsidiary corporations of the federal government fully guaranteed by such government and no other. Until the General Assembly shall make other provisions for the violation of the terms of this paragraph, any person or persons violating the above provisions shall be guilty of malpractice in office and shall also be guilty of a misdemeanor and shall be punished, when convicted, as prescribed by law for the punishment of a misdemeanor. SECTION VIII. PUBLIC TRANSPORTATION OF PASSENGERS FOR HIRE IN METROPOLITAN ATLANTA Paragraph I. Authorization. The acquisition, establishment, opera tion, or administration of a system of public transportation of passengers for hire within the metropolitan area of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton, and Gwinnett is an essential governmental function and a public purpose for which the powers of taxation and eminent domain may be exercised and public funds of these counties and this municipal corporation expended. Paragraph II. Creation; Powers. The General Assembly may Create a public corporation or authority as an instrumentality of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton, and Gwin nett, or any one or any combination thereof, to perform the aforesaid function, to have the power of eminent domain, the power to borrow 2346 JOURNAL OF THE HOUSE, money and issue obligations payable from its revenues, and such other powers as may be necessary or convenient for the accomplishment of the aforesaid function and purpose. Paragraph III. Tax Exemption. The General Assembly may pro vide that such public corporation or authority as an instrumentality of the participating counties and municipal corporation, its property, acts, activities, income, and obligations and the interest thereon, shall be exempt from any tax obligations and from regulation by any agency or commission of the State. Paragraph IV. Contracts and Taxation Power. The General Assem bly may authorize the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton, and Gwinnett to contract with such public corporation or authority for the performance of the aforesaid function and purpose; to pay for the public transportation services and facilities contracted for including the payment of the principal and interest on any obligations issued by such public corporation or authority in order to acquire the necessary facilities and property therefor and, in con nection therewith, to establish and maintain reasonable reserves; to levy taxes to the extent necessary to fulfill the obligation incurred in such contracts; and to convey property or facilities to such public corporation or authority, or to render services which may be useful to the establishment, operation, or administration of a public transporta tion system within the aforesaid metropolitan area. No county shall have the power to levy any tax on any subject of taxation situated within the territorial limits of any municipal corporation which has a contract with such public corporation or authority and is itself levying a tax for that purpose. Paragraph V. Construction. The provisions of this Article shall be liberally construed to effectuate its purpose and shall not be limited or restricted by any existing provision of or amendment to this Constitu tion or by any general or special law heretofore enacted. The authority granted by this Article to the General Assembly may be exercised by general, special, or local laws without regard to uniformity. ARTICLE X. THE LAWS OF GENERAL OPERATION IN FORCE IN THIS STATE SECTION I. Paragraph I. Supreme Law. The laws of general operation in this State are first, as the Supreme law: the Constitution of the United States, the laws of the United States in pursuance thereof, and all treaties made under the authority of the United States. Paragraph II. Second in Authority. Second, as next in authority thereto: this Constitution. Paragraph III. Third in Authority. Third, in subordination to the foregoing: all laws now of force in this State, not inconsistent with this Constitution shall remain in force until the same are modified or repealed by the General Assembly. Paragraph IV. Local and Private Acts. Local and private acts THURSDAY, FEBRUARY 14, 1974 2347 which are passed for the benefit of counties, cities, towns, corporations, and private persons, which are not inconsistent with either the Supreme law or with this Constitution, and which have not expired nor been repealed, shall have the force of statute law subject to judicial decision as to their validity when passed and to any limitations imposed by their own terms. Paragraph V. Proceedings of Courts Confirmed. All judgments, decrees, orders, and other proceedings of the several courts of this State, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal by motion for a new trial, appeal, bill of review, or other proceedings in conformity with the law in force when they were made. Paragraph VI. Existing Officers. The officers of the government now existing shall continue in the exercise of their several functions until their successors are duly elected or appointed and qualified. Noth ing herein is to apply to any officer whose office may be abolished by this Constitution. ARTICLE XI. AMENDMENTS TO THE CONSTITUTION SECTION I. Paragraph I. Proposals to Amend the Constitution; New Constitu tion; Submission to People, (a) A new Constitution or amendments to this Constitution may be proposed by the General Assembly or by a constitutional convention. The proposal by the General Assembly to provide for a new Constitution or to amend this Constitution shall originate as a resolution in either the Senate or the House of Representa tives and, if approved in a roll-call vote by two-thirds of the members elected to each branch of the General Assembly, such proposal shall be entered on the Journal of each branch with the "Ayes" and "Nays" taken thereon. Any proposal to amend this Constitution or any proposal for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of twothirds of the members elected to each branch of the General Assembly in a roll-call vote entered on their respective Journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted. (b) The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general and, if not general, shall determine what political subdivision or sub divisions are directly affected by such proposed amendment. If a pro posed amendment is general, it shall be published in full, as provided by law, once each week for three consecutive weeks immediately preced ing the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each Congres sional District of the State. If such proposed amendment is not general, it shall be published in full, as provided by law, once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted, in one newspaper of general circulation in each county in which the directly affected political subdivision or subdivisions are located. In the event no such newspaper is located in such county, a newspaper in an adjoining county 2348 JOURNAL OP THE HOUSE, shall be used. A proposal for a new Constitution shall be published in the same manner as proposed general amendments. (c) Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State at the next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified to vote for mem bers of the General Assembly voting thereon, such amendment shall become a part of this Constitution or shall become the new Constitution, as the case may be. A proposed amendment which is not general shall be submitted at the next general election which is held in the evennumbered years but shall only be submitted to the people of the political subdivision or subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the resolution, shall state the language to be used in submitting the proposed amendment or proposal for a new Constitu tion. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, but this shall not apply to a proposal for a new Constitution. Paragraph II. Convention, how Called. No convention of the people shall be called by the General Assembly to revise, amend, or change this Constitution unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based as near as practicable on population. This Constitution shall not be revised, amended, or changed by the convention until the proposed revision, amendment, or change has been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly. Paragraph III. Veto not Permitted. The Governor shall not have the right to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution. Paragraph IV. Effective Date of Amendments. Unless the amend ment itself shall provide otherwise, an amendment to this Constitution shall become effective on the first day of January following its ratifica tion. ARTICLE XII. MISCELLANEOUS PROVISIONS SECTION I. MISCELLANEOUS PROVISIONS Paragraph I. Amendments Continued as Part of This Constitution. Amendments to the Constitution of 1877 which were continued in force by Article VII, Section X, Paragraph I of the Constitution of 1945 shall continue in force and effect as part of this Constitution as hereinafter provided. Amendments to the Constitution of 1945 which are of merely local application and which were in effect on the date of the ratification THURSDAY, FEBRUARY 14, 1974 2349 of this Constitution shall continue in force and effect as part of this Constitution as hereinafter provided. Local amendments to the Constitu tion of 1945 which are ratified on the date of the ratification of this Constitution shall be effective as part of this Constitution as hereinafter provided. Amendments to the Constitution of 1945 in force and effect at the time of the ratification of this Constitution which are applicable to counties or cities of a certain population, or which are applicable to counties having a city wholly or partly therein of a certain population, or which are applicable to cities lying in two counties are hereby continued in full force and effect as part of this Constitution as here inafter provided. Amendments to the Constitution of 1945 which are ratified on the date of the ratification of this Constitution and which are applicable to counties or cities of a certain population, or which are applicable to counties having a city wholly or partly therein of a certain population, or which are applicable to cities lying in two counties shall be effective as part of this Constitution as hereinafter provided. Paragraph II. Special Commission Provided. All general amend ments to the Constitution of 1945 which are ratified on the date of the ratification of this Constitution shall be incorporated into this Constitu tion as provided herein. There is hereby created a commission to be composed of the Attorney General, the Secretary of State, and the Legislative Counsel which shall have the authority and duty to integrate such constitutional amendments into the proper Article, Section, and Paragraph of this Constitution and to place those constitutional amend ments which contain entirely new provisions into the appropriate Article and Section of this Constitution as additional Paragraphs. The com mission is hereby granted the authority to make only such changes in the language of this Constitution and such amendments as may be necessary to the performance of the duties expressly prescribed herein. For the purpose of incorporating into this Constitution all the constitu tional amendments continued in effect by Paragraph I, the commission shall have the authority and duty to designate the appropriate Article, Section or Paragraph of this Constitution of which they shall become a part and to prepare a compilation of the same. The commission shall complete its duties prior to January 1, 1975, and deliver to the Secretary of State the revised document which shall stand as the Constitution of the State of Georgia of 1975. Upon presenting such document and the reference compilation to the Secretary of State, the commission shall stand abolished. Paragraph III. Effective Date. This Constitution shall become ef fective on January 1, 1975. Section 2. The above proposed new Constitution of Georgia shall be published and submitted as provided in Article XIII, Section I, of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed new Constitution shall have written or printed thereon the following: "( ) YES Shall the proposed new Constitution be ratified ( ) NO as the new Constitution of the State of Georgia?" All persons desiring to vote in favor of ratifying the new Constitu tion shall vote "Yes". All persons desiring to vote against ratifying the new Constitution shall vote "No". 2350 JOURNAL OF THE HOUSE, If such proposed new Constitution shall be ratified as provided in said Paragraph of the Constitution, it shall become the new Constitution of the State of Georgia. By unanimous consent, further consideration of HR 542-1634 was postponed until tomorrow, February 15, 1974, immediately after the period of unanimous consents. 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 1376. By Mr. Murphy of the 18th and others: A Bill to amend an Act providing appropriations for the fiscal year 1973-74, known as the "General Appropriations Act", so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1974. The President has appointed on the part of the Senate the following Senators: Coggin of the 35th, Gillis of the 20th, and Holley of the 22nd: By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SR 336. By Senator McDuffie of the 19th: A Resolution proposing an amendment to the Constitution so as to pro vide that any proceedings relative to the removal of the 20 mill limitation on school taxation in Telfair County previously taken under the pro visions of Article VIII, Section XII, Paragraph II of the Constitution are hereby rescinded, and the provisions of Article VIII, Section XII, Para graph I shall control; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. SR 337. By Senator Jackson of the 16th: A Resolution proposing an amendment to the Constitution to create the Department of Local Government Affairs and to provide for a Board of Commissioners for said Department; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. THURSDAY, FEBRUARY 14, 1974 2351 SR 341. By Senator Hudgins of the 15th: A Resolution creating the Tourism Study Committee; and for other pur poses. Referred to the Committee on Rules. SR 354. By Senator Hudgins of the 15th: A Resolution authorizing and directing the State Department of Trans portation to continue design and actual work studies on the West Georgia Tollway; and for other purposes. Referred to the Committee on Highways. SB 645. By Senator Rowan of the 8th: A Bill to be entitled an Act to amend an Act creating a Small Claims Court in each county in this State having a population of not less than 11,775 and not more than 12,100, so as to change the population category within which such courts are created; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. SB 648. 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 method of electing the mayor and councilman; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. SB 654. By Senator London of the 50th: A Bill to be entitled an Act to revise the Charter of and to reincorporate the City of Hiawassee in the County of Towns; to create a charter for said city; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. SB 655. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that in certain cities and counties the annual licenses to be charged shall be $2,000; and for other purposes. Referred to the Committee on Temperance. SB 658. By Senator Coggin of the 35th: A Bill to be entitled an Act to amend an Act known as "The Uniform 2352 JOURNAL OF THE HOUSE, Standards Code for Mobile Homes Act", so as to change the provisions relating to reciprocity; and for other purposes. Referred to the Committee on Motor Vehicles. SB 665. By Senator Starr of the 44th: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to county and regional public libraries; to provide for distribu tion of funds directly to such county and regional public libraries; and for other purposes. Referred to the Committee on Education. SB 667. By Senators Holley of the 22nd and Lester of the 23rd: A Bill to be entitled an Act to amend an Act known as the "AugustaRichmond County Coliseum Authority Act", so as to redefine the word "project"; to further define the purpose of the Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation. SB 530. By Senators Stephens of the 36th, Johnson of the 38th, Coggin of the 35th and others: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to provide that the minimum retirement al lowance for members shall apply to public school teachers who retired pursuant to a county, municipal or local board of education retirement or pension system; and for other purposes. Referred to the Committee on Retirement. SB 666. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend the Georgia Retailers' and Con sumers' Sales and Use Tax Act, so as to exempt from taxes imposed by said Act sales of tangible personal property to any person, firm, or corporation which will be incorporated within projects covered by con tracts with any county for the construction, repair, extension or im provement of any public roadway; and for other purposes. Referred to the Committee on Ways and Means. The following Resolutions of the House and Senate were read and adopted: HR 695. By Messrs. McDaniell of the 20th, Busbee of the 114th, Mason of the 59th and Levitas of the 50th: A RESOLUTION Commending Mr. Lewis Cenker; and for other purposes. THURSDAY, FEBRUARY 14, 1974 2353 WHEREAS, Mr. Lewis Cenker was recently elected President of the National Association of Home Builders at its annual convention; and WHEREAS, Mr. Cenker is an Atlanta builder, developer and at torney, and he is the first Georgian ever to head the 75,000-member organization of professional home builders; and WHEREAS, Mr. Cenker has served as President of the Cobb County Chapter of the Home Builders Association, President of the Home Builders Association of Metro Atlanta, and President of the Home Builders Association of Georgia; and WHEREAS, he has been a member of the Board of Directors of the National Association of Home Builders for 15 years, and he served last year as the first Vice-President of the National Association of Home Builders; and WHEREAS, he is one of the authors of the condominium law which was enacted by the General Assembly of Georgia in 1962; and WHEREAS, he served as a member of the Mayor's Commission on Housing for Atlanta; and WHEREAS, he is active in the civic, social, religious and political affairs of his community and the State of Georgia; and WHEREAS, it is the desire of the members of this Body to recognize the achievements and accomplishments of this outstanding Georgian. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend and congratulate Mr. Lewis Cenker upon being elected to the prestigious position of President of the National Association of Home Builders and for his other outstanding achievements and accomplish ments. . BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Mr. Lewis Cenker. HR 696. By Mr. McDaniell of the 20th: A RESOLUTION Commending Mr. Chuck Lambreth; and for other purposes. WHEREAS, Mr. Chuck Lambreth is the editor of the Homes Beauti ful section of the Atlanta-Journal and Constitution; and WHEREAS, Mr. Lambreth recently won the coveted Jim Chandler Trophy which is given annually by the National Association of Real Estate Editors to the editor who produces the most outstanding newspaper real estate section in competition with other editors throughout the country; and WHEREAS, this is the first time a Georgian has ever been selected for this honor; and 2354 JOURNAL OF THE HOUSE, WHEREAS, it is the desire of the members of this Body to recognize this distinguished Georgian. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend and congratulate Mr. Chuck Lambreth for winning the coveted Jim Chandler Trophy and for reflecting great credit upon the State of Georgia. BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mr. Chuck Lambreth. HR 697. By Messrs. Floyd of the 6th and Adams of the 14th: A RESOLUTION Commending Sergeant James Williard Elliott; and for other pur poses. WHEREAS, James Williard Elliott has served for twelve years as a wildlife ranger and conservation sergeant; and WHEREAS, Sergeant Elliott supervises and coordinates all law enforcement activities for the Game and Fish Division in Chattooga, Walker, Dade, Catoosa and Whitfield counties; and WHEREAS, Sergeant Elliott has received the "10 Years Faithful Service Award" from the State; and is the recipient of organized labor's "1974 Game Warden of the Year" award; and WHEREAS, it is only fitting and proper that Sergeant' Elliott be recognized for his outstanding service to the State, particularly for the capture of deer hunting at night violators. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Sergeant James Williard Elliott is com mended for his outstanding service to the State. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to James Williard Elliott. HR 698. By Mr. Alexander of the 39th: A RESOLUTION Commending Dr. J. Randolph Taylor and congratulating Central Presbyterian Church of Atlanta, Georgia; and for other purposes. WHEREAS, Dr. J. Randolph Taylor, the pastor of Central Presby terian Church of Atlanta, will be Chaplain of the House of Representa tives on Thursday, February 14, 1974; and WHEREAS, he was recently named Clergyman of the Year by the Georgia Region of the National Conference of Christians and Jews for his work in critical social and community issues of Atlanta; and THURSDAY, FEBRUARY 14, 1974 2355 WHEREAS, Central Presbyterian Church will be celebrating its 116th anniversary on February 14, 1974; and WHEREAS, the first service of the Church was held on February 14, 1858, at the Atlanta City Hall, the site of the present State Capitol; and WHEREAS, on March 4, 1860, the Church held its first service in the building located across the street from the State Capitol; and WHEREAS, in 1864, Father O'Reilley persuaded General Sherman to spare the churches when burning Atlanta, and Central Presbyterian Church was one of seven churches which was not burned; and WHEREAS, this Church has a distinguished record of constructive service to the community and at the present time operates a baby clinic, a methadone treatment center in conjunction with the State, a family planning program and a night medical clinic; and WHEREAS, it is only fitting and proper that Dr. Taylor, this great Church and the members thereof be commended on their outstanding achievements and services. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby congratulate Central Presbyterian Church of Atlanta, Georgia, on its 116th anniversary, and does hereby commend Dr. J. Randolph Taylor and the members of this Church on their excellent service to the community and the State. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to Dr. J. Randolph Taylor and to Central Pres byterian Church. HR 699. By Mr. Alexander of the 39th: A RESOLUTION Commending the work of the members of Central Presbyterian Church, Trinity Methodist Church and the Shrine of the Immaculate Con ception in Project Understanding; and for other purposes. WHEREAS, the members of Central Presbyterian Church, Trinity Methodist Church and the Shrine of the Immaculate Conception are working together as one of the clusters of churches in Project Under standing; and WHEREAS, Project Understanding is a national project designed to deal meaningfully with issues related to racial understanding; and WHEREAS, the members of these three churches are working to gether in the following areas: coordination of services to the community; seminars on Black history, religion, and culture; consideration of the re quirements for a pluralistic church and society; ecumenical events; and information to the congregations about significant legislation; and WHEREAS, the Candler School of Theology is the local sponsor 2356 JOURNAL OF THE HOUSE, of Project Understanding and provides the project staff which works with these churches; and WHEREAS, Mr. Wick Warren and Mr. Mike Ripski are doing an outstanding job as the project staff for these churches. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate the members of Central Presbyterian Church, Trinity Meth odist Church, the Shrine of the Immaculate Conception; Candler School of Theology, Mr. Wick Warren and Mr. Mike Ripski for their work in Project Understanding. 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 Central Presbyterian Church, Trinity Methodist Church, the Shrine of the Immaculate Conception, the Candler School of Theology, Mr. Wick Warren, and Mr. Mike Ripski. HR 700. By Messrs. Smith and Adams of the 74th, Dickey of the 89th and Carrell of the 71st: A RESOLUTION Expressing regret at the passing of Mr. Rowland A. Radford; and for other purposes. WHEREAS, Mr. Rowland A. Radford of Barnesville, Georgia, passed away on February 9, 1974; and WHEREAS, Mr. Radford was born in Monroe, Georgia, on October 12, 1899; and WHEREAS, Mr. Radford attended Georgia Tech and Woodrow Wilson College and served six years on the faculty of the Bank Ad ministration Institute at the University of Wisconsin; and WHEREAS, Mr. Radford was President of the First National Bank of Barnesville; and WHEREAS, he was one of the most respected members of the bank ing profession, and he held numerous offices in State and national bank ing organizations and wrote several articles published in banking maga zines; and WHEREAS, Mr. Radford was very active in the civic, economic and religious life of his community. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its deepest and sincerest regrets at the passing of one of this State's most outstanding and distinguished citizens, Mr. Rowland A. Radford. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to the family of Mr. Rowland A. Radford. THURSDAY, FEBRUARY 14, 1974 2357 HR 701. By Messrs. Matthews, Logan and Russell of the 62nd: A RESOLUTION Commending Dr. Frank A. Hayes, Professor of the School of Veter inary Medicine, University of Georgia; and for other purposes. WHEREAS, the Newcastle Eradication Task Force, the largest emergency disease eradication program undertaken in the poultry disease field, successfully stopped an outbreak of the exotic Newcastle disease in South California, which if left unchecked would have spread to the entire nation within six months, resulting in losses estimated at 800,000,000 dollars per year; and WHEREAS, the Newcastle Eradication Task Force successfully developed one of the few successful nationwide programs to control and eventually eliminate Newcastle disease; and WHEREAS, Dr. Frank A. Hayes, key member of this Task Force, worked closely with the Georgia Poultry Federation and the Georgia De partment of Agriculture in order to prevent the occurrence of Newcastle disease in Georgia; and WHEREAS, the United States Department of Agriculture has awarded to the Newcastle Disease Task Force the Dr. Franrior Service Unit Award for "excellence, creative leadership, dedication, and personal sacrifice in a joint USDA/State of California team effort to eradicate exotic Newcastle disease from California and to prevent a national dis aster in the poultry industry"; and WHEREAS, Dr. Frank A. Hayes has received special commenda tion from the United States Department of Agriculture for "meritorious excellence, creative leadership, dedication and personal sacrifice in devel oping and directing the studies to determine the role of birds and wildlife in the transmission of exotic Newcastle disease". NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby recognize and commend Dr. Frank A. Hayes for his dedicated work in the field of veterinary medicine. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Dr. Frank A. Hayes; The Board of Regents; Honorable Fred Davison, President of the University of Geor gia; and the School of Veterinary Medicine, University of Georgia. HR 702. By Messrs. Castleberry of the 96th, Edwards of the 95th, Carlisle of the 67th and others: A RESOLUTION Relative to the proposed joint use of Lawson Army Air Field at Fort Benning, Georgia; and for other purposes. WHEREAS, the governing authority of Columbus-Muscogee County 2358 JOURNAL OF THE HOUSE, has proposed that Lawson Army Air Field at Fort Benning should be used jointly by Columbus and Fort Benning; and WHEREAS, otherwise Columbus would have to expend from 10 to 17 million dollars for a new airport or improvement of the existing air port; and WHEREAS, Secretary of the Army Howard Callaway will ultimate ly rule on the joint use request; and WHEREAS, Lawson Field is located in Chattahoochee County; and WHEREAS, Fort Benning covers almost 90% of Chattahoochee County and such federal property cannot be taxed by the county; and WHEREAS, if the federal government is contemplating the lease or gift of any federal property to Columbus, the property should be leased to the Chattahoochee County Airport Authority, the appropriate agency in the county to deal with such property. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby urge that if any prop erty at Fort Benning is going to be leased or given away for the purpose of an airport or in conjunction with the use of Lawson Field by ColumbusMuscogee County such property should be given to or leased to the Chat tahoochee County Airport Authority because the property lies in Chat tahoochee County. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Honorable Howard Callaway, Secretary of the Army. HR 703. By Messrs. Adams of the 14th, Busbee of the 114th, Patterson of the 64th and others: A RESOLUTION Commending Mrs. Barbara Muntean; and for other purposes. WHEREAS, few responsibilities of this State are more important then the education of our children; and WHEREAS, the dedication and inspired efforts of the educators in this State toward a truly open and challenging educational opportunity for our children demand respect and admiration; and WHEREAS, few persons have been more dedicated to education, through teaching and through working with the General Assembly, than has Barbara Muntean; and WHEREAS, Barbara Muntean has excelled in the teaching of English and reading in the public schools of Toccoa and the counties of Richmond, Columbia, and Clayton; and WHEREAS, Barbara Muntean has constantly and effectively worked with the General Assembly and committees toward understanding and ap preciating the problems and needs of the public schools of this State; and THURSDAY, FEBRUARY 14, 1974 2359 WHEREAS, it is only fitting and proper that Barbara Muntean be recognized for her inspired and effective efforts for the public schools of this State. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Mrs. Barbara Muntean is hereby commended for her inspired and effective efforts for the public schools and educators of this State. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mrs. Barbara Muntean. HR 704. By Messrs. Coleman and Jessup of the 102nd: A RESOLUTION Commending the Honorable Albert M. Harrell; and for other pur poses. WHEREAS, the Honorable Albert M. Harrell has recently retired from his position as Clerk of the Superior Court of Dodge County; and WHEREAS, he was first elected as Clerk of the Superior Court in 1949 and held this position for a period of twenty-four years; and WHEREAS, during his tenure as Clerk of the Superior Court of Dodge County, he was known throughout the State for the dedicated man ner in which he performed his duties and for his outstanding abilities as Clerk of the Superior Court. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body hereby recognize and commend the Honorable Albert M. Harrell for his dedicated service as Clerk of the Superior Court of Dodge County and hereby extend to him their best wishes for a happy and fruitful retirement. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Honorable Albert M. Harrell. HR 705. By Messrs. Coleman and Jessup of the 102nd: A RESOLUTION Commending the Honorable Slaton Lowrey; and for other purposes. WHEREAS, the Honorable Slaton Lowery has recently retired from his position as Tax Commissioner of Dodge County; and WHEREAS, he was first elected as a tax official of Dodge County in 1943; and WHEREAS, during his twenty-eight years of outstanding service, he was widely known throughout the State of Georgia for his dedication, his ability and for the efficient manner in which he administered the tax laws of this State. 2360 JOURNAL OF THE HOUSE, NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body hereby recognize and commend the Honorable Slaton Lowery for his many years of ded icated public service as Tax Commissioner of Dodge County and hereby extend to him their sincerest wishes for many years of a happy and fruit ful retirement. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Honorable Slaton Lowery. SR 368. By Senator Eldridge of the 7th: A RESOLUTION Commending Mr. Sidney R. Lucas; and for other purposes. WHEREAS, were most men called upon to suffer the loss of both legs, of an arm, and of months and years of an agonizing, slow recupera tion and rehabilitation, their love of life, of people, and of accomplish ment might early fade to a horror and resentment of each approaching day; and WHEREAS, Sidney Lucas was instantly thrust into that position when his automobile slid from a curve and into a series of high tension power lines; and WHEREAS, Sidney Lucas would not allow his life to end in such an empty manner, but chose instead to fight his fortune and again make his life a happy and fulfilling one; and WHEREAS, Sidney R. Lucas is now employed by the Georgia State Patrol as a clerk-dispatcher whose responsibilities require all the efforts and abilities of a man free from any handicap; and WHEREAS, Sidney R. Lucas has excelled and continues to excel in his work to the extent he has through his alertness, quick response, and desire to serve, no doubt saved the lives of law enforcement officers with whom he works; NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Sidney R. Lucas is hereby commended for his courage and dedication to life and to his fellow citizens. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mr. Sidney R. Lucas. The following Resolutions of the House were read and referred to the Com mittee on Rules: HR 706. By Messrs. Jones of the 109th, Connell of the 80th, Lane of the 76th, Colwell of the 4th and Lee of the 68th: A RESOLUTION Creating the State Lease and Rental of Property Study Committee; and for other purposes. THURSDAY, FEBRUARY 14, 1974 2361 WHEREAS, the State spends millions of dollars each year leasing or renting private, property for governmental functions; and WHEREAS, the State continues to lease additional buildings in the City of Atlanta each year; and WHEREAS, through one of a number of methods of financing, the State could construct the necessary facilities and avoid having to expend the normous amount of funds on rent. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the State Lease and Rental of Property Study Committee to be composed of five members appointed by the Speaker of the House. The committee shall make a comprehensive study of the lease and rental of private property by the State for governmental functions, especially in the Atlanta area. The commfttee shall consider alternatives to such leasing arrangements. 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 effec tively exercise its powers, perform its duties and accomplish the objec tives and purposes of this Resolution. The members of the committee shall receive the allowances authorized for legislative members of interim leg islative committees but for no longer than ten days unless an extension is obtained from the Speaker. The funds necessary to carry out the pro visions of this Resolution shall come from the funds appropriated to or available to the legislative branch of government. HR 707. By Mr. McDaniell of the 20th: A RESOLUTION Creating the Savings and Loan Association Study Committee; and for oher purposes. WHEREAS, there is a need to develop a long-range State policy with respect to branching by savings and loan associations; and WHEREAS, legislation has been proposed to restrict the branching activities of savings and loan associations in this State; and WHEREAS, the Congress of the United States is considering leg islation which will revise the federal laws relating to banks and savings and loan associations; and WHEREAS, it appears that further study and consideration is needed to properly develop legislation relative to the branching activities of savings and loan associations. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Savings and Loan Association Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Committee is hereby authorized to study the laws of this State, of other states and of the United States relating to branch ing and other powers of savings and loan associations. The Committee may conduct such meetings at such places and at such times as it may 2362 JOURNAL OF THE HOUSE, deem necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the Committee shall receive the al lowances authorized for legislative members of interim legislative com mittees but shall receive the same for not more than 10 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 Gov ernment. The Committee shall make a report of its findings and recom mendations, with suggestions for proposed legislation, if any, to the 1975 Session of the General Assembly of Georgia, at which time the Com mittee shall stand abolished. The following message was received from the Senate through Mr. McWhorter the Secretary thereof: Mr. Speaker: The Senate recedes from its amendment to the following Bill of the House, to-wit: HB 1178. By Mr. Murphy of the 18th: A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Commissioner of Haralson County, so as to change the compensa tion of the clerical assistant of the tax commissioner. The Senate has agreed to House Amendment to the Senate Substitute on the following Bill of the House, to-wit: HB 368. By Mr. Farrar of the 52nd: A Bill to provide evaluation and tenure for classroom teachers and all other professional personnel of local school systems except the superin tendent. The Senate agrees to House Amendment to Senate Amendment to the follow ing Bill of the House, to-wit: HB 1177. By Mr. Murphy of the 18th: A Bill to amend an Act creating the office of County Commissioner of Haralson County, so as to change the salary of the County Commissioner. The following communications from the Honorable Ben W. Fortson, Jr., Secretary of State, were received: THURSDAY, FEBRUARY 14, 1974 2363 SECRETARY OF STATE State Capitol Atlanta 30334 February 14, 1974 Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Ellard: I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of February 12, 1974, being numbers 209 through 260, in accordance with Act No. 1294, Georgia Laws 1970. With best wishes, I am Sincerely your friend, /s/ Ben W. Fortson, Jr. Secretary of State STATE OF GEORGIA Office of Secretary of State I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the three pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 209 through 260), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1974 Session of the Georgia General Assembly as of Tuesday, February 12, 1974, in accordance with Act No. 1294, Georgia Laws 1970. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 14th day of February, in the year of our Lord One Thousand Nine Hundred and Seventy-four and of the Independence of the United States of America the One Hundred and Ninety-eighth. /s/ Ben W. Fortson, Jr. Secretary of State 209. David Louis Caprara Common Cause 1639 Corn Road Building 1, Apt. 2 Smyrna, Georgia 30080 210. Bob Knowles, Jr. Georgia Safety Council, Inc. Suite 508, Hartford Bldg. 100 Edgewood Avenue, N. E. Atlanta, Georgia 30303 2364 JOURNAL OP THE HOUSE, 211. Jack W. Houston Ga. Assn. Petroleum Retailers P. O. Box 639 Decatur, Georgia 30031 212. William L. O'Callaghan Sperry & Hutcheson Co. 4000 First National Bank Tower Atlanta, Georgia 30303 213. Vincent P. Dufiy Sigma Marketing Systems, Inc. 615 South Street Garden City, N. Y. 11530 214. Phillip W. Deal Sigma Marketing Systems, Inc. 2680 Range-wood Drive Atlanta, Georgia 30345 215. Dick Welch Common Cause 1292 N. Morningside Dr., N. E. Atlanta, Georgia 30306 216. Harrison W. Bray Georgia Oilmen's Assn. 148 Cain Street, N. E. Atlanta, Georgia 30303 217. James H. Bratton, Jr. Premium Coordinating Committee 4000 First National Bank Tower Atlanta, Georgia 30303 218. John L. Preston Sigma Marketing Systems, Inc. 615 South Street Garden City, N. Y. 11530 219. Trammell Vickery Registered Agent Sigma Marketing Systems, Inc. Georgia Hospital Association 4th Floor, Haas-Howell Bldg. Atlanta, Georgia 30303 220. Victor Impeciato Vittorio's Restaurant 2263 Peachtree Road, N. E. Atlanta, Georgia 30309 221. Hoyt G. Brown, Jr. Meiers Wine Cellars 4440 Scott Drive Kennesaw, Georgia 30144 222. Thomas J. Harrold, Jr. Georgia Association of Convenient Stores, Inc. Suite 401 Southern Mutual Building Athens, Georgia 30601 THURSDAY, FEBRUARY 14, 1974 2365 223. Harold L. Russell The Sperry and Hutchinson Co. 4000 First Natl. Bank Tower Atlanta, Georgia 30303 224. John W. Watts The Sperry and Hutchinson Co. Post Office Box 656 Norcross, Georgia 30071 225. John A. Helms Life Insurance Co. of Georgia 600 West Peachtree Atlanta, Georgia 30308 226. J. D. Caswell Home Builders Assn. of Ga. 2204 Pond Road Duluth, Georgia 30136 227. Richard Lane Home Builders Assn. of Ga. 2843 Roswell Lane Columbus, Georgia 31906 228. Herbert R. Black Home Builders Assn. of Ga. 5507 Abercorn Street Savannah, Georgia 31405 229. Jeff Goolsby Home Builders Assn. of Ga. 1020 Dawson Road Albany, Georgia 31402 230. Jack 0. Grant, Jr. Home Builders Assn. of Ga. 3147 Vineville Avenue Macon, Georgia 31204 231. C. W. Edwards ' Home Builders Assn. of Ga. 2799 Delk Road Marietta, Georgia 30062 232. Mary Ann Blackwood League of Women Voters 3069 Rhodenhaven Drive, N. W. Atlanta, Georgia 30327 233. William J. Stembler P. 0. Box 1713 Theater Owners of Georgia Atlanta, Georgia 30031 234. Margaret P. Aiken Common Cause 1724 Ridgewood Drive, N. E. Atlanta, Georgia 30307 235. James M. Bell Sears Roebuck 1876 Aububon Drive, N. E. Atlanta, Georgia 30329 2366 JOURNAL OF THE HOUSE, 236. Mrs. Pat Chapman The Atlanta Region Open Housing Coalition 121 Memorial Drive, S. W. Atlanta, Georgia 30303 237. Morris Finley City of Atlanta 67 Vinson Drive, S. E. Atlanta, Georgia 30317 238. Mary Anne Whatley Home Builders Assn. of Metropolitan Atlanta 339 Buckhead Avenue, N. E. Atlanta, Georgia 30305 239. Norman Underwood International City Corporation 1500 Candler Building Atlanta, Georgia 30303 240. Conrad J. Sechler Registered Agent Georgia Consumer Finance Assn. Empire Mortgage and Investment Tucker Insurance Agency 3386 Stonecrest Court Atlanta, Georgia 241. William W. Suttle American Insurance Association 3445 Peachtree Road, N. E. Atlanta, Georgia 30326 242. William C. Talmadge Coca Cola Company P. 0. Drawer 1734 Atlanta, Georgia 30301 243. Jim Walls AAA--Georgia Motor Club 1100 Spring Street, N. W. Atlanta, Georgia 30309 244. W. Stell Huie Registered Agent MARTA Georgia Bankers Assn. State Bar of Georgia 822 Fulton Federal Building Atlanta, Georgia 30303 245. Joseph J. Moylan Motor Vehicle Manufacturers Assn. 827 Hartford Building Atlanta, Georgia 30303 246. Roy J. Nicholson Georgia Professional Barbers Assn. 11 W. Wieuca Road, N. W. Atlanta, Georgia 30342 THURSDAY, FEBRUARY 14, 1974 247. James P. Martin, Jr. Georgia Society of Certified Public Accountants 1504 William Oliver Building Atlanta, Georgia 30303 248. William R. Black Georgia Association of Petroleum Retailers, Inc. Post Office Box 639 Decatur, Georgia 30031 249. Gretta Dewald Democratic Party of DeKalb 2231 Kodiak Drive, N.E. Atlanta, Georgia 30345 250. KirkQuillian Elson's Book Stores 1500 Candler Building Atlanta, Georgia 30303 251. Edward W. Killorin Registered Agent Georgia Chamber of Commerce Atlanta Bar Association 400 First Natl. Bank Tower Atlanta, Georgia 30303 252. Elizabeth Whitson Towns County GAE Towns County High School Hiawassee, Georgia 30546 253. Robert L. McKay Common Cause P. 0. Box 56184 Atlanta, Georgia 30343 254. Robert W. Phillips Atlanta Hotel-Motel Assn. 1410 Rhodes-Haverty Building Atlanta, Georgia 30303 255. John F. Grigsby Common Cause 1145 W. Paces Ferry Road, N.W. Atlanta, Georgia 30327 256. Tim Clower Georgia Electric Membership Corp. Post Office Box 897 Douglasville, Georgia 30134 257. Lynwood James Georgia Electric Membership Corp. Post Office Box 897 Douglasville, Georgia 30134 258. Render Russell Amalgamated Transit Union, No. 732 1853 Detroit Avenue Atlanta, Georgia 30314 2367 2368 JOURNAL OF THE HOUSE, 259. PaulKelley Amalgamated Transit Union, No. 732 3445 Almond Drive College Park, Georgia 30337 260. William P. Trotter Association County Commissioners of Georgia Box 1587 LaGrange, Georgia 30240 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 announced the House adjourned until 9:30 o'clock, tomorrow morning. Journal of the House of Representatives 1974 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.